Judgment_paragraph 41 · D. J. v Radiotelevizija Slovenija (C-344/19)

41Thus, first, a substantial distance between the residence freely chosen by the worker and the place that he or she must be able to reach within a certain time during the period of stand-by time is not, in itself, a relevant criterion for classifying the whole of that period as ‘working time’ within the meaning of Article 2(1) of Directive 2003/88, at least where that place is his or her usual workplace. In such a case, the worker has been in a position to assess freely the distance between that place and his or her home (see, a contrario, judgment of 10 September 2015, Federación de Servicios Privados del sindicato Comisiones obreras, C‑266/14, EU:C:2015:578, paragraph 44).