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CJEU Joined Cases C-609/17 and C-610/17 / Opinion

Terveys- ja sosiaalialan neuvottelujärjestö (TSN) ry v Hyvinvointialan liitto ry (C 609/17), other party Fimlab Laboratoriot Oy and Auto- ja Kuljetusalan Työntekijäliitto AKT ry v Satamaoperaattorit ry (C 610/17), other party Kemi Shipping Oy

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

Reference for a preliminary ruling — Social policy — Article 153 TFEU — Minimum safety and health requirements for the organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave of at least 4 weeks — Article 15 — Provisions of national legislation and collective agreements more favourable to the protection of the safety and health of workers — Workers incapable of working during a period of paid annual leave due to illness — Refusal to carry over that leave where not carrying over that leave does not reduce the actual duration of the paid annual leave below 4 weeks — Article 31(2) of the Charter of Fundamental Rights of the European Union — Inapplicable where there is no implementation of EU law for the purposes of Article 51(1) of the Charter of Fundamental Rights.
Joined Cases C-609/17 and C-610/17.

Outcome of the case:

Having regard to all of the foregoing considerations, I propose that the Court answer the questions for a preliminary ruling referred by the työtuomioistuin (Labour Court, Finland) 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, and Article 31(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that they do not preclude national legislation or collective agreements, such as those at issue in the main proceedings, from which it follows that days of paid annual leave beyond a period of four weeks cannot be carried over when they overlap with days of sick leave.