The decision reopens a far-reaching debate for road haulage operating between mainland Spain and the Balearic Islands. The sector warns of a major economic and organisational impact if the Supreme Court standardises case law in this direction.
New ruling reinforces the Supreme Court’s position
The High Court of Justice of the Balearic Islands has upheld the claim of a driver who sought to have the time spent on a ferry accompanying his truck counted as availability time. The ruling orders the company Xim Escalas to pay the worker €3,720, at a rate of €12 for each of the 310 hours he remained on board on routes between Mallorca and Barcelona or Valencia.
The fact that the company provided a cabin does not change the legal classification of that time. The Social Chamber of the Balearic Islands court thus follows the reasoning already set out by the Supreme Court in May 2024, when it determined that this period cannot be considered rest.
It is now for the Supreme Court to clarify the case law, which could definitively confirm this interpretation.
The key: availability and national regulations
In its 2024 ruling, the Supreme Court argued that, although EU rules on driving and rest periods allow that time to be treated as a rest period if certain conditions are met, national legislation may set more favourable conditions for the worker
The high court based its reasoning on Royal Decree 1561/1995, which regulates working time in the transport sector, and on the 2nd General Agreement for Road Transport signed in 2012. Both provisions allow this period to be considered availability time.
The decisive factor is that the driver must remain available both to the company and to the ferry crew, for example in the event of an emergency. That obligation of availability prevents the period from being considered effective rest.
Maximum concern in the sector
The National Federation of Transport Associations of Spain, Fenadismer, has expressed deep concern about the possibility that this criterion becomes established case law.
According to the organisation, the consequences could be devastating for the road transport sector, especially for companies operating between mainland Spain and the Balearic Islands. The impact would not be limited to wages. As this is working time, these hours would be subject to the limits and controls applicable to the working day and to driving times.
Fenadismer warns of a “very strong economic impact and organisational impact”, as well as the likely rise in the cost of products transported between the mainland and the Islands.
Call for legal changes
Against this backdrop, the federation will urge the Ministry of Labour to promote legal amendments to the regulation of working time in transport. The aim is to cushion the negative effect of the new jurisprudential criterion and allow affected companies to continue operating, considered essential to guarantee supply on the Islands.
The sector is now awaiting the Supreme Court’s final decision. If the line initiated in 2024 is confirmed, the operating model of many maritime routes will have to be thoroughly reconsidered.
