The Working Time Directive: A Spanish inquisition

This article examines provisions of the Working Time Directive which are the subject of the first (and, to date only) referral by a national court to the ECJ pursuant to art 234 EC Treaty [previously art 177]. Those questions referred to the ECJ by a Spanish court (Sindicato de Medicos de Asistencia Publica (Simap) v Conselleria de Sanidad y Consumo de la Gereralidad Valenciana Case C-303/98) which could have an impact on the compatibility and interpretation of the British implementing Regulations (The Working Time Regulations 1998) are considered, and an opinion of the ECJ's likely reply and the reasons for it are offered. In addition to the questions referred by the Spanish court, some related matters are discussed where it is considered there is a variance between the Directive and the British Regulations, or where there is scope for interpretative differences.