Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/09/2023

Subject: The Court affirmed that a worker may rely on the right to paid annual leave, enshrined in Article 31(2) of the Charter of Fundamental Rights of the European Union and and given concrete expression by Directive 2003/88/EC, against his or her employer and the fact that the employer is a private undertaking, holding a public service delegation, is irrelevant in that regard. According to the Court, Directive 2003/88/EC does not preclude national legislation and/or a national practice which, in the absence of a national provision laying down an express temporal limit on the carry-over of entitlements to paid annual leave accrued and not exercised due to a long-term absence from work due to illness, allows requests for paid annual leave submitted by a worker less than 15 months after the end of the reference period in which the entitlement to that leave arose and limited to two consecutive reference periods to be granted

Parties: Keolis Agen

Classification: Solidarity - Art. 31 Paid leave

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