Until the Court of Justice of the European Union’s ruling of 30 October 2025, on-call duty performed by (deputy) state attorneys was not considered working time. As a result, those hours went unpaid. The following explains what has changed.
Path to the ruling
The case originated in Pula. The Municipal Court referred questions to the Court of Justice of the EU in a case brought by a deputy state attorney seeking payment for on-call hours worked between 2015 and 2019.
Three key questions
- Are state attorneys “workers” under Directive 2003/88/EC?
- Can state attorneys be excluded from the rules applicable to workers if their working time can be scheduled in advance?
- Does passive on-call duty count as working time?
The Court’s answers:
1. State attorneys are workers.
Despite their distinct role, state attorneys — and their deputies — must be regarded as workers, and Directive 2003/88, including its provisions on working time, therefore applies to them.
2. Working time must be scheduled.
The activities of state attorneys cannot be exempted from the rules on the organisation of working time, particularly where on-call duty can be scheduled in advance — which is indeed the case here, given that duty rosters are set a month ahead.
3. On-call duty counts as working time.
The Court held that on-call duty, whether active or passive, and whether performed at the office or from home, must be regarded as working time, precisely because it restricts the worker’s — and state attorneys have been established as workers — ability to freely manage their own time. This is especially true given that these workers are under a genuine and immediate obligation to intervene whenever the demands of the job require it.
On-call duty significantly limits a worker’s ability to use their time for personal interests.
Why this ruling matters
The implications of this CJEU ruling for Croatia extend to other state attorneys and deputy state attorneys, and potentially to workers in other sectors operating under similar arrangements.
The state’s estimated cost from the very likely wave of claims that will follow exceeds €5 million in payments owed to claimants.