Abstract: Once again, the Court of Justice of the European Union has addressed the issue related to of stand-by time according to a stand-by system as "working time" with regard to Directive 2003/88/CE. The two recent judgments dated in March 9, 2021, cases C-344/19 and C-580/19, the Court has admitted that the physical presence of the worker in the workplace or in the place designated by the employer is not required. In this sense, the Court has provided a detailed analysis of the elements assessed in order to determine, in each case, the division between "working time" or "rest periods".

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