Bowden & Ors (Social policy) [2001] EUECJ C-133/00 (04 October 2001)

Bowden & Ors (Social policy) [2001] EUECJ C-133/00 (04 October 2001)

On a proper construction of Article 1(3) of Directive 93/104/EC, all workers employed in the road transport sector, including office staff, are excluded from the scope of the Directive.

Citation
[2001] EUECJ C-133/00
Parties
Applicant: Mrs Bowden; Applicant: Mrs Chapman; Applicant: Mrs Doyle; Respondent: Tuffnells Parcels Express Ltd; Intervener: United Kingdom Government; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
04 October 2001
Procedural Posture
Preliminary Reference / Preliminary Ruling
Outcome
preliminary ruling issued
Legal Topics
Interpretation of Directive 93/104/ec, Scope of Sectoral Exclusions, Paid Annual Leave, Road Transport Sector
European Union Law Employment Law Interpretation of Directive 93/104/ec Scope of Sectoral Exclusions Paid Annual Leave Road Transport Sector

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Parties

Mrs Bowden

Applicant

Mrs Chapman

Applicant

Mrs Doyle

Applicant

Tuffnells Parcels Express Ltd

Respondent

United Kingdom Government

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Reference / Preliminary Ruling

Legal Issues

  1. 1 Whether all workers in the road transport sector, including office staff, are excluded from the scope of Directive 93/104/EC
  2. 2 Criteria for identifying excluded workers under Article 1(3) of the Directive

Ratio Decidendi

On a proper construction of Article 1(3) of Directive 93/104/EC, all workers employed in the road transport sector, including office staff, are excluded from the scope of the Directive.

Court Disposition

preliminary ruling issued

Orders

  • All workers employed in the road transport sector, including office staff, are excluded from the scope of Directive 93/104/EC.
  • Costs incurred by the United Kingdom Government and the Commission are not recoverable; decision on costs for main parties is for the national court.