Type: Opinions of Advocate general

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 01/24/2008

Subject: The Advocate general suggests to the Court that Article 7(1) of Directive 2003/88/EC concerning certain aspects of the organisation of working time is to be understood to mean that workers must in any event receive minimum paid annual leave of four weeks; leave not taken by a worker because of illness during the leave year must be granted at a later date; at the end of the employment relationship workers have, in any event, a claim to financial compensation in respect of leave accrued but not taken; finally the Advocate general affirms that the entitlement to annual leave or to an allowance in lieu arises also in the case of excused absence due to illness during the entire leave year.

Parties: Gerhard Schultz-Hoff c/ Deutsche Rentenversicherung Bund

Classification: Solidarity - Art. 31 Paid leave

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Notices: Effectiveness of the Charter
The Advocate general affirms that the entitlement to paid annual leave is a fundamental social right. The inclusion of this right in the Charter of Fundamental Rights of the European Union appears to provide the most reliable and definitive confirmation that it constitutes a fundamental right. The Advocate general considers the legal value of the Charter. Even if he affirms that the Charter of Fundamental Rights of the European Union has not been recognised as having a genuine legislative scope he concludes that it would be wrong to deny the Charter any relevance in interpreting Community law. Irrespective of the question of the definitive legal status of the Charter within the legal system of the European Union, it already constitutes a concrete expression of shared fundamental European values and it also reflects constitutional traditions common to the Member States. Making this introductory statement, the Advocate general concludes affirming that it is perfectly reasonable to refer to the Charter in interpreting Community law.