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

We reviewed this case when the an Advocate General of the CJEU gave an opinion on it in February 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 concluded that the absence of such a system makes it much more difficult for workers to enjoy the protection of the rights conferred