Judgment of the Court (First Chamber) of 13 November 2025 (request for a preliminary ruling from the Curtea de Apel București – Romania) – HZ v Tribunalul Galați

(Case C-272/24,  (1) Tribunalul Galați)

(Reference for a preliminary ruling - Article 2 TEU - Second subparagraph of Article 19(1) TEU - Principle of judicial independence - Directive 2003/88/EC - Weekly working time - Overtime worked by judges - National legislation providing for compensation by means of a rest period excluding financial compensation - Adequate remuneration)

(C/2026/147)

Language of the case: Romanian

Referring court

Curtea de Apel București

Parties to the main proceedings

Applicant: HZ

Defendant: Tribunalul Galați

Operative part of the judgment

The second subparagraph of Article 19(1) TEU, read in the light of Article 2 TEU and point 5 of the Community Charter of the Fundamental Social Rights of Workers, adopted at the meeting of the European Council held in Strasbourg on 9 December 1989,

must be interpreted as meaning that the principle of judicial independence does not preclude national legislation which, by providing solely for the grant of a compensatory rest period in respect of the working time which a judge performs in order to carry out tasks which fall to a vacant post at his or her court, in addition to those required of him or her in respect of the post which he or she occupies, excludes any financial compensation for work performed with a view to carrying out those additional tasks, provided that that judge can actually use the compensatory rest period which he or she has been granted and that that legislation does not have the effect of undermining the commensurate relationship between his or her remuneration and the importance of his or her functions.

(1)  OJ C, C/2024/5491.