Judgment_paragraph 58 · Antonino Accardo and Others v Comune di Torino (C-227/09)

58In the second case referred to at paragraph 56 above, the Working Time Directives do not preclude an interpretation of domestic law to the effect that the Comune di Torino is entitled to rely on the collective agreements at issue in the main proceedings, provided that the relevant provisions of those agreements fully comply with the conditions laid down in the derogating provisions in question, which is for the referring court to verify. On that point, it should be borne in mind that, since they are exceptions to the Community system for the organisation of working time put in place by Directive 93/104, the derogating provisions in question must be interpreted in such a way that their scope is limited to what is strictly necessary in order to safeguard the interests which those provisions enable to be protected (see Case C-151/02 Jaeger [2003] ECR I-8389, paragraph 89).

Antonino Accardo and Others v Comune di Torino (C-227/09)

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