El descanso diario y el descanso semanal son dos derechos sociales autónomos con objetivos distintos. incidencia en el ordenamiento jurídico españolSentencia del Tribunal de Justicia, Sala Segunda, de 2 de marzo de 2023, as. C‐ 477/21: IH y MÁV‐START Vasúti Személyszállító Zrt

Abstract

The Judgement of the Court in Case C‐477/21, MÁV‐START, 2nd March 2023, finally confirms the thesis that the right to daily rest and the right to weekly rest are two autonomous and independent rights. This means that daily rest is additional to weekly rest, even when it directly precedes the latter. This is applicable even when national legislation grants workers a period of weekly rest greater than that required by Directive 2003/88/EC, concerning certain aspects of the organization of working time. This Judgement puts an end to the discussion between two different positions in Spanish and European doctrine and jurisprudence. On the one hand, some have argued that daily rest and weekly rest are two autonomous rights, while others have claimed that both rests are blended in the weekly rest. This judgement will result in changes in Spanish national conceptions concerning both of these rights and to internal jurisprudence.