Type: Opinion of Advocat General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/29/2018

Subject: According to the Advocate General, the mere fact that a worker did not apply for leave cannot automatically entail the loss of the right to an allowance in lieu of untaken leave at the end of the employment relationship. However, where the employer shows that he took the necessary steps to enable workers to exercise their right to paid annual leave and, in spite of the measures taken, the worker deliberately declined to exercise that right even though he was able to do so during the employment relationship, that worker cannot claim the allowance

Parties: Kreuziger

Classification: Solidarity - Art. 31 Paid leave

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