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Case Law C-282/10 (08/09/2011)

Type: Opinion of Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/08/2011

Subject: According to Advocate general, the right to annual paid leave must be regarded as a principle of EU social law. Its exercise cannot be made subject to a requirement of having worked a minimum of 10 days. However neither the possibility of directive 2003/88 having horizontal effect nor direct application of the rights to annual paid leave laid down by the Charter of Fundamental Rights enable the worker to assert his rights vis-à-vis the employer. In the view of the Advocate General, not even recognition of the right to paid annual leave as a general principle of EU law can entail the direct application of the Directive 2003/88 in relations between individuals. Moreover, the approach applied by the Court of Justice in its judgment Kükükdeveci cannot be transposed to the present case. In addition, the Advocate Geenral points out that Ms Dominguez may bring an action in State liability against the contravening Member State in order to have the right to annual paid leave arising from EU law applied.

Parties: Maribel Dominguez

Classification: Solidarity - Art. 31 Paid leave

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Notices: Effectiveness of the Charter
The Advocate General takes into consideration the protection system of the Charter, its legal value and its effects.