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

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. 

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).

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.