In Ville de Nivelles v Matzak an Advocate General has given an opinion that determination of whether time spent on stand-by is working time depends on the quality of personal time spent during that period and not proximity to the workplace.  A Belgian Court asked the ECJ whether time spent on stand-by by a firefighter in close proximity to his workplace was working time for the purposes of the Working Time Directive (WTD). In AG Sharpston’s opinion, the WTD should not be interpreted as meaning that such stand-by time should automatically be considered as working time. The key factor is the quality of the time the worker enjoys when on that type of duty, e.g. devoting the time to his own interests and family. It is the quality of the time spent rather than the required proximity to the workspace that is of overriding importance. Each case has to be evaluated on its own facts.

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