経済社会の基礎条件に大きな変動の圧力があるときに（近代以降の第二の「大転換 Great Trtansition」）、秩序あるかたちで進化を果たすためには、よほど慎重にその法的枠組みを設定する必要がある。この変動変容圧力を甘く見て、安易な規制緩和で対応した場合、当該のシステム（労働市場や企業社会、コモンズとして労働力）は機能不全に陥り、場合よっては回復不可能なダメージを受ける。我々は過去２０年の経験でそのほことをいやというほど学んだはずなのだが。。。。私が上に述べたような法政策の方向は、日本の経営者からはラジカルすぎると受け止められるかもしれないが、おそらくそれは日本企業の自前の潜在力とその現状とのギャップに対する認識の差の問題であろう。
37 Conversely, it is apparent from the case-law of the Court that the possibility for workers to manage their time without major constraints and to pursue their own interests is a factor capable of demonstrating that the period of time in question does not constitute working time within the meaning of Directive 2003/88 (see, to that effect, judgment in Simap, C‑303/98, EU:C:2000:528, paragraph 50).
38 In the present case, it follows from the details provided during the hearing by Tyco that it determines the list and order of the customers to be followed by the workers at issue in the main proceedings and the times at which they have appointments with its customers. It also stated that, despite the fact that a mobile phone was provided to each of the workers at issue in the main proceedings, on which they receive their itinerary on the eve of the working day, those workers are not required to keep that phone on during the time spent travelling between home and customers. Thus, the itinerary for getting to those appointments is not determined by Tyco, the workers at issue remaining free to get there via the route they wish, with the result that they can manage their travelling time as they see fit.
39 In that regard, it should be stated that, during the time spent travelling between home and customers, workers in a situation such as that at issue in the main proceedings have a certain freedom that they do not have during the time spent working on a customer’s premises, provided that they arrive at the designated customer at the time agreed upon by their employer. In any event, it should be stated that, during the necessary travelling time, which generally cannot be shortened, those workers are not able to use their time freely and pursue their own interests, so that, consequently, they are at their employer’s disposal.