Judgment_paragraph 43 · 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)

43In respect of the third 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 working during the period in question, it should be noted that, as follows from paragraph 34 of this judgment, if a worker who no longer has a fixed place of work is carrying out his duties during his journey to or from a customer, that worker must also be regarded as working during that journey. As the Advocate General observed in point 48 of his Opinion, given that travelling is an integral part of being a worker without a fixed or habitual place of work, the place of work of such workers cannot be reduced to the physical areas of their work on the premises of their employer’s customers.