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11.9.2023 |
EN |
Official Journal of the European Union |
C 321/24 |
Request for a preliminary ruling from the Cour de cassation (France) lodged on 9 June 2023 — EA v Artemis security
(Case C-367/23, Artemis security)
(2023/C 321/29)
Language of the case: French
Referring court
Cour de cassation
Parties to the main proceedings
Applicant: EA
Defendant: Artemis security SAS
Questions referred
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1. |
Does Article 9(1)(a) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time fulfil the conditions for it to have direct effect and be relied on by a worker in a dispute concerning that worker? |
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2. |
Must Article 9(1)(a) of Directive 2003/88/EC be interpreted as precluding domestic legislation or practices under which, in the event of a failure to comply with the provisions adopted to implement the measures necessary for the free assessment of a worker’s health, the worker’s right to compensation is subject to proof of the damage which would have resulted from that breach? |