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CJEU - Joined cases C 229/11 and C 230/11 / Judgment

Alexander Heimann, Konstantin Toltschin v Kaiser GmbH

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Cour of Justice of the European Union (Fifth Chamber)
Type:
Decision
Decision date:
08/11/2012
Key facts of the case:
  1. These references for a preliminary ruling concern the interpretation of Article 31(2) of the Charter of Fundamental Rights of the European Union (‘the Charter’) and of Article 7 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 (OJ 2003 L 299, p. 9; ‘Directive 2003/88’). 
  2. The references have been made in proceedings between Mr Heimann and Mr Toltschin, respectively, and their former employer Kaiser GmbH (‘Kaiser’), concerning their right to an allowance in lieu of paid annual leave not taken in 2009 and 2010.
Results (sanctions) and key consequences of the case:
 
Article 31(2) of the Charter of Fundamental Rights of the European Union and 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 meaning that they do not preclude national legislation or practice, such as a social plan agreed between an undertaking and its works council, under which the paid annual leave of a worker on short-time working is calculated according to the rule of pro rata temporis.