Judgment_paragraph 35 · Federación de Servicios Privados del sindicato Comisiones obreras (CC.OO.) v Tyco Integrated Security SL and Tyco Integrated Fire & Security Corporation Servicios SA (C-266/14)

35As regards the second element of the concept of ‘working time’, within the meaning of point (1) of Article 2 of Directive 2003/88, according to which the worker must be at the employer’s disposal during that time, it should be noted that the decisive factor is that the worker is required to be physically present at the place determined by the employer and to be available to the employer in order to be able to provide the appropriate services immediately in case of need (see, to that effect, judgment in Dellas and Others, C‑14/04, EU:C:2005:728, paragraph 48, and orders in Vorel, C‑437/05, EU:C:2007:23, paragraph 28, and Grigore, C‑258/10, EU:C:2011:122, paragraph 63).