Travel Time or Working Time? What the Latest CJEU Decision Means for Employers in Germany

Why It Matters

The decision could expand the definition of payable work time, exposing German firms to compliance and overtime cost risks.

Key Takeaways

• CJEU treats employer‑controlled travel as working time
• German courts may adopt EU criteria for travel
• Employers should separate travel tracking for safety vs pay
• Policy clarity reduces compliance risk on travel time

Pulse Analysis

The Court of Justice of the European Union set a fresh precedent with its October 9 2025 judgment in case C‑110/24. The case involved Spanish workers without a fixed workplace who were required to travel in company‑provided vehicles, with the employer dictating departure times, routes and in‑vehicle tasks. The Court concluded that such tightly managed journeys count as ‘working time’ for health‑and‑safety limits, emphasizing employer control rather than the act of traveling. This shifts the focus from the inconvenience of travel to the degree of organisational control.

In Germany, the Working Hours Act (Arbeitszeitgesetz) separates time that counts toward statutory rest periods from time that must be paid under wage law. German courts have traditionally limited ‘working time’ to travel that creates a special burden, such as mandatory driving. The EU ruling forces judges to look at how much the employer orchestrates the trip instead. While the decision does not automatically change pay rules, it raises the chance that employer‑directed travel, even outside normal hours, will be recorded for compliance and possibly compensated.

German companies should tighten travel policies and upgrade time‑tracking tools. Flag journeys that are scheduled, routed or supervised by the firm and record them separately from ordinary commuting. Clear internal guidelines on when travel counts as work, how rest periods are respected, and what compensation applies can reduce litigation risk. As German courts begin applying the CJEU’s control‑centric test, firms that align travel management with EU standards will protect compliance, control overtime costs, and demonstrate good‑faith employment practices. Additionally, offering flexible work‑time arrangements can further mitigate fatigue.