ECJ: New rules on working time during business trips

The journey to the gate in Frankfurt, the long-haul flight to Shanghai, or the train ride to headquarters in Paris – for many highly qualified professionals and internationally operating companies, these hours previously existed in a legal gray area. The common, albeit flippant, argument was that one could sleep on the plane or relax on the train, and therefore this time shouldn't be considered full working time . However, the legal framework for global mobility received a new foundation on October 9, 2025. With the ruling in case C-110/24, the European Court of Justice (ECJ) court of The EU has made a decision that affects international recruitment and the The principles governing employee secondments have fundamentally changed. For companies and their foreign specialists, this means that the previous system of "travel time is leisure time" has collapsed.

The new definition of external control by the ECJ

The core of the court's decision breaks with the notion that physical exertion is the decisive criterion for working hours. Rather, the focus shifts to... The court placed the issue of external control at the center of its legal assessment. If the employer organizes the trip – that is, determines the departure time, the means of transport, and the route – the employee is at the employer's disposal . They cannot freely dispose of their time and pursue their own interests. Therefore, the entire travel time must be considered working time within the meaning of Directive 2003/88/EC .

This legal ruling particularly affects the target group of young professionals and academics. Skilled professionals whose work often requires extensive travel . In our consulting practice, we observe that many HR departments still underestimate the implications. This is not just a matter of compensation, which can often be regulated by individual contract, but primarily a matter of statutory occupational health and safety . Compliance with working time limits is mandatory law and serves to protect health, which has taken on a new urgency in a digitized and globally networked working world where the boundaries between work and private life are already blurring.

Collision with working time laws above the clouds

Applying these principles to a typical international assignment immediately reveals the dilemma. A one-way flight from Frankfurt to India takes approximately twelve hours. If this flight was booked by the company, according to the new legal rulings, it constitutes eleven hours of full working time. The problem: According to Section 3 of the German Working Time Act (ArbZG) , daily working time may not exceed eight hours, and can only be extended to up to ten hours under strict conditions.

The legally mandated flight time allowance is already exhausted over Central Asian airspace. But that's not all. After this working time ends, a mandatory, uninterrupted rest period of at least eleven hours must be observed, as stipulated in Section 5 Paragraph 1 of the German Working Time Act (ArbZG) . Therefore, anyone landing in India, China, or Australia in the morning is legally prohibited from rushing straight to their first meeting or client visit. Their schedule will inevitably be pushed back. Here we see a significant conflict between the economic expectations placed on top performers and the strict legal guidelines now imposed by the... Legal proceedings in Luxembourg have been cemented.

The fallacy of the territorial principle in foreign deployments

A common reflex in HR departments when... When it comes to the secondment of expatriates or the recruitment of international talent, the territorial principle is often invoked: It is assumed that German labor law does not apply abroad – for example, in China or the USA. This is a dangerous misconception. If the employment relationship is governed by German law, then German labor law applies. While an employment contract generally applies, German law remains applicable under Article 8 of the Rome I Regulation . However, the reality on the ground often differs from what the law requires. A typical workday on a business trip begins with breakfast at 9 a.m. and ends after a late dinner with a supplier at 8 p.m. This results in 11 hours of work – a significant violation of the ten-hour limit.

The liability trap for management and HR professionals

The legal consequences of disregarding these rules are drastic. According to Section 22 Paragraph 2 of the German Working Time Act (ArbZG), fines of up to €30,000 can be imposed – per violation and per employee. For companies that regularly send teams internationally, this quickly adds up to an existential risk. We consider the situation particularly critical with regard to D&O (Directors and Officers) insurance. Fines resulting from documented and knowingly accepted compliance gaps are generally not covered by insurance. Companies that enshrine the territorial principle as a license to disregard travel regulations in their travel policies or ignore the case law of the European Court of Justice (ECJ) create evidence against their own insurability.

Strategies for legally compliant global mobility

In light of these challenges, a realignment of corporate mobility policies is essential. We strongly recommend that companies implement a clear system for recording travel time . A clear distinction must be made between business meals (working time) and leisure time. Furthermore, rest periods must be factored into travel planning from the outset.

We welcome the clarification provided by the While the court , from the perspective of employee protection, criticizes the lack of flexibility in the German Working Time Act, which dates back to an era when global networking was the exception. Nevertheless, the legal situation in Europe is clear. Whoever waits until the first conflict with a If an immigration authority is involved or a workplace accident occurs due to fatigue, the employer is acting negligently. Proactively designing working conditions is now an essential part of employer branding for international companies. Professionals and diplomats alike.

Conclusion

The European Court of Justice's ruling of October 9, 2025, marks the end of an era of legal uncertainty regarding business travel. Travel time is considered working time if it is externally determined. For corporate immigration and international recruiting, this means that deployment plans and travel policies must be fundamentally revised to avoid the limitations of Sections 3 and 5 of the German Working Time Act (ArbZG) and the liability traps of Section 22 ArbZG. Establishing these structures before the first conflict secures a position of strength and protects managers from personal liability.