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.

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

By Lucas Gropengießer · January 30, 2026 · 4 minute read

Monday morning, 7:15 a.m. A company vehicle pulls out of the parking lot. The destination is a conference hotel about 90 minutes away for a training session. One employee is driving, another is answering work emails, and a third is relaxing in the back seat. Situations like this often raise questions about how travel time should be treated under German labor law. This article explains the current rules and considers whether a recent Court of Justice of the European Union (CJEU) ruling changes the picture.

The Starting Point: Not All Work Time Counts the Same

Under German law, a distinction must be made between hours worked for compliance with labor‑safety rules and hours that must be paid.

• Working hours relevant for occupational health and safety compliance, including maximum daily hours, breaks, and rest periods, are governed by Germany’s Working Hours Act (Arbeitszeitgesetz) and developed through CJEU case law.

• Whether that time must be compensated is a distinct matter under German wage‑and‑hour law.

What the CJEU Ruled

In its decision of October 9, 2025 (Case C‑110/24), the CJEU examined the following situation in Spain.

Employees had no fixed place of work and reported to changing job sites reachable only by company transport. The employer determined every detail of the commute: the meeting point, departure time, and vehicle. Because of this level of control, the Court found that the travel itself formed part of the employees’ duties and therefore counted as working hours for safety purposes. It made no difference whether the workers were driving, checking emails, or simply resting.

Until now, Germany’s Federal Labor Court (Bundesarbeitsgericht, BAG) has focused mainly on whether travel creates a special burden, for example by requiring the employee to drive. The CJEU took a different approach and emphasized how closely the employer managed and organized the trip.

Does It Apply to Business Trips?

The CJEU case was based on unusual facts involving employer‑controlled travel for workers without a fixed work location. Most companies do not operate this way, so the decision cannot be applied automatically.

Still, similar situations appear in practice, such as company shuttles, construction‑site transport, or business trips arranged by the employer. The CJEU has not yet clarified whether business travel, like attending a seminar at another location, qualifies as working hours under safety law. How German labor courts will use these European criteria in future cases is still uncertain.

For now, it seems likely that German judges will pay closer attention to how much control the employer has over travel arrangements. Employers can already take this factor into account when organizing business trips.

What German Employers Should Do

Although the decision does not require immediate action, it shows which factors could become more important in the future. Employers should review any tightly organized travel to ensure compliance with statutory limits on working hours and rest periods.

Paying for Travel Time Under German Law

The CJEU ruling does not change German law on payment for travel or commuting. Under German rules, employers must pay for travel that falls within normal working hours. Travel outside those hours may also be compensable if it is done at the employer’s direction, primarily serves the employer’s interests, and is closely linked to the employee’s contractual duties (Federal Labor Court, judgment of October 17, 2018 – 5 AZR 553/17).

Drafting Note: Special pay rates for travel time can be agreed upon; regular hourly pay is not mandatory.

Key Points for German Employers to Review

1. Where working time begins

   Time‑tracking systems should distinguish between hours worked for safety‑rule compliance and those that must be paid, while meeting all legal requirements. Travel time should be recorded separately. If meeting points, fixed schedules, or company vehicles are required, review these arrangements carefully. They may turn travel into work time.

2. Awareness among managers

   Many managers assume that travel as a passenger never counts as work time or, conversely, that it always does. Clear internal guidelines and updated timekeeping tools can help ensure a shared understanding and legal compliance.

3. Using available flexibility

   Employers whose staff regularly work off‑site should develop a structured policy on travel time: what counts as work, what qualifies as rest, how it is documented, and how it is paid. Options include special pay arrangements, defining the workplace, setting rules on travel methods, or creating internal travel policies. The way travel is organized can make a legal difference, and the right solution will depend on each company’s circumstances.