1.

Does the fact that, pursuant to national legislation, an employee’s on-call duty is not counted as working time, contrary to Article 2(1) of Directive 2003/88/EC (2) of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, provide a basis for a claim for damages against a Member State for an infringement of EU law without the need to demonstrate that Article 6(b) of that directive was also infringed in relation to that employee?

2.

If the answer to the first question is in the affirmative, should the national court, in determining whether the amount of compensation is appropriate, take into account the number of hours of on-call duty which, as a result of the national legislation, was not included in the employee’s working time, or should the amount of compensation payable by the Member State be determined on the basis of the duration of the unlawful situation arising from the national legislation, which allows on-call duty hours not to be included in the employee’s working time, contrary to Directive 2003/88?

3.

If the answer to the second question is in the negative, should the national court, in determining whether the amount of compensation is appropriate, take into account the number of hours during which Article 6(b) of the directive was infringed, or should the amount of compensation payable by the Member State be determined on the basis of the duration of the unlawful situation arising from the national legislation, which allows on-call duty hours not to be included in the employee’s working time, contrary to Directive 2003/88?