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CJEU Case C-12/17 / Opinion

Ministerul Justiţiei and Tribunalul Botoşani v Maria Dicu.

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case

Request for a preliminary ruling from the Curtea de Apel Cluj.

Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Right to paid annual leave — Directive 2010/18/EU — Revised Framework Agreement on parental leave — Parental leave not regarded as a period of actual work.

Outcome of the case

In the light of all the foregoing considerations, I propose that the Court answer the question referred for a preliminary ruling by the Curtea de Apel Cluj (Court of Appeal, Cluj, Romania) as follows: Article 7(1) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which excludes from the calculation of the length of a worker’s paid annual leave the period during which that worker was on parental leave to take care of a young child, by not treating that period as a period of actual work.