Artemis security (Protection of the safety and health of workers - Organisation of working time - Judgment) [2024] EUECJ C-367/23 (20 June 2024)

Artemis security (Protection of the safety and health of workers - Organisation of working time - Judgment) [2024] EUECJ C-367/23 (20 June 2024)

Article 9(1)(a) of Directive 2003/88/EC does not preclude national legislation requiring night workers to prove harm suffered as a result of an employer's failure to provide a health assessment before being entitled to compensation; such national rules are compatible with EU law provided they respect the principles of equivalence and effectiveness.

Citation
[2024] EUECJ C-367/23
Parties
Applicant: EA; Respondent: Artemis security SAS
Jurisdiction
European Union
Judgment Date
20 June 2024
Procedural Posture
Preliminary Ruling (reference for a Preliminary Ruling) / Preliminary Reference From Cour De Cassation (france) to Court of Justice of the European Union
Outcome
Article 9(1)(a) of Directive 2003/88/EC does not preclude national legislation requiring proof of harm for compensation in case of employer's failure to provide health assessment to night workers.
Legal Topics
Night Work, Health Assessment, Compensation for Breach of Employment Rights, Direct Effect of EU Directives, Procedural Autonomy, Proof of Harm
Labour Law European Union Law Night Work Health Assessment Compensation for Breach of Employment Rights Direct Effect of EU Directives Procedural Autonomy Proof of Harm

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Parties

EA

Applicant

Artemis security SAS

Respondent

Procedural Posture

Preliminary Ruling (reference for a Preliminary Ruling) / Preliminary Reference From Cour De Cassation (france) to Court of Justice of the European Union

Legal Issues

  1. 1 Whether Article 9(1)(a) of Directive 2003/88/EC precludes national law requiring proof of harm for compensation when employer fails to provide health assessment to night workers
  2. 2 Whether Article 9(1)(a) of Directive 2003/88/EC has direct effect

Ratio Decidendi

Article 9(1)(a) of Directive 2003/88/EC does not preclude national legislation requiring night workers to prove harm suffered as a result of an employer's failure to provide a health assessment before being entitled to compensation; such national rules are compatible with EU law provided they respect the principles of equivalence and effectiveness.

Court Disposition

Article 9(1)(a) of Directive 2003/88/EC does not preclude national legislation requiring proof of harm for compensation in case of employer's failure to provide health assessment to night workers.