Judgment of the Court (Second Chamber) of 20 June 2024 (request for a preliminary ruling from the Cour de cassation – France) – EA v Artemis security SAS

(Case C-367/23,  (1) Artemis security)

(Reference for a preliminary ruling - Protection of the safety and health of workers - Organisation of working time - Directive 2003/88/EC - Article 9(1)(a) - Obligation to assess the health of night workers - Employer’s failure to comply with that obligation - Right to compensation - Need to establish the existence of specific harm)

(C/2024/4701)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: EA

Defendant: Artemis security SAS

Operative part of the judgment

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

must be interpreted as not precluding national legislation under which, in the event of an infringement by the employer of the national provisions implementing that provision of EU law and providing that night workers are entitled to a free health assessment before their assignment and thereafter at regular intervals, the right of the night worker concerned to compensation for that infringement is subject to the condition that that worker provides proof of the harm caused to him or her as a result of the infringement.

---

(1)   OJ C 321, 11.9.2023.