Legal News

When military security activities are outside of the scope of the Working Time Directive (BK v Republika Slovenija (Ministrstvo za obrambo))

Published on: 26 July 2021
Published by: LexisPSL
  • When military security activities are outside of the scope of the Working Time Directive (BK v Republika Slovenija (Ministrstvo za obrambo))
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts and decisions of the domestic courts
  • What did the CJEU decide?
  • Case details

Article summary

Employment analysis: A security activity performed by a member of military personnel is excluded from the scope of the Working Time Directive (WTD) if: (a) it is during initial or operational training or an actual military operation (including during peacetime), (b) it is an activity which is so particular that it is not suitable for a staff rotation system which would ensure compliance with the requirements of that directive, (c) it is carried out in the context of exceptional events, the gravity and scale of which require the adoption of measures indispensable for the protection of the life, health and safety of the community at large, measures whose proper implementation would be jeopardised if all the rules laid down in the WTD had to be observed, or (d) if the application of the WTD to such an activity, by requiring the authorities concerned to set up a rotation system or a system for planning working time, would inevitably be detrimental to the proper performance of actual military operations, according to the Court of Justice of the European Union. or take a trial to read the full analysis.

Popular documents