In an ordinance delivered on January 11, 2007, the Court of Justice of the European Communities (CJEC) ruled that the Czech legislation, which only considers the time when physicians in hospitals operate during their stand-by duty time as working time, is contrary to the definition emitted by the Court. (Ref. 070261)
The court of justice is once again poking at a national legislation which does not respect its jurisprudence concerning stand-by duty time. In this particular case, the Czech legislation planned that physicians’ stand-by duty time performed outside of the weekly working time was equal to overtime on the one hand, and that inactive periods during on-duty time were not included in working time, but would give way to financial compensations on the other hand. When the Czech jurisdiction referred
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