ECJ: Travel Time Counts as Working Time

Dec 12, 2025 Benn-Ibler Rechtsanwälte

The European Court of Justice has determined that, under specific circumstances, travel time constitutes working time. This interpretation extends to situations where employees are traveling as passengers in the back seat.

In this scenario, the employer is tasked with managing public investment projects that enhance natural areas. Employees were required to commute from home to designated bases, where they would receive a vehicle equipped with the materials needed for their work. The employment contracts specified that the time spent traveling between the base and the actual job site was not considered working hours.

Question referred to the ECJ:

The Spanish Supreme Court submitted the following question to the ECJ for a preliminary ruling: Should Article 2(1) of Directive 2003/88 be interpreted to mean that the time employees spend travelling to and from work—specifically when they are required to travel together in an employer-provided vehicle at a designated time from a specified location to the place where their contractual duties are performed—constitutes 'working time' within the meaning of this provision?

Does travel count as work time?

The European Court of Justice determined that time spent travelling to work locations designated by the employer constitutes working time, including travel undertaken as a passenger. Working time is defined as the interval during which an employee is engaged in work, remains at the employer’s disposal, and carries out their duties or responsibilities.

In the case at hand, the employer had exercised comprehensive control over the parameters of employee travel. This included determining both outbound and return trips, specifying the modes of transportation, points of departure and arrival, as well as the corresponding schedules. Given these conditions, the journeys were intrinsically connected to the employees’ professional roles and should therefore be classified as integral to the execution of their work duties. Additionally, during these trips, employees were unable to freely manage their time or engage in personal pursuits.

ECJ C-110/24 (9 October 2025)