Federación de Servicios de Comisiones Obreras v Deutsche Bank SAE [2019]

A Spanish trade union (CCOO) sought a declaration that a bank was under an obligation to establish a system to record the actual number of hours worked daily by its employees. It argued that the requirement for such a system derived not only from domestic law but also from the EU Charter of Fundamental Rights and the Working Time Directive.

Uncertain as to whether Spanish law was consistent with EU law, the matter was referred to the ECJ.

The Advocate General, advising the Court although not binding it, concluded that the absence of such a system makes it much more difficult for workers to enjoy the protection of the rights conferred on them.

He proposed that the ECJ should rule that both