Request for a preliminary ruling from the Cour de cassation (France) lodged on 9 June 2023 – EA v Artemis security

(Case C-367/23, Artemis security)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: EA

Defendant: Artemis security SAS

Questions referred

Does Article 9(1)(a) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time fulfil the conditions for it to have direct effect and be relied on by a worker in a dispute concerning that worker?

Must Article 9(1)(a) of Directive 2003/88/EC be interpreted as precluding domestic legislation or practices under which, in the event of a failure to comply with the provisions adopted to implement the measures necessary for the free assessment of a worker’s health, the worker’s right to compensation is subject to proof of the damage which would have resulted from that breach?

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