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Title I: Dignity
1 -
Human dignity
2 -
Right to life
3 -
Right to integrity of the person
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Prohibition of torture and inhuman or degrading treatment or punishment
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Slavery / Forced Labour
Title II: Freedoms
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Right to liberty and security
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Respect for private and family life
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Protection of personal data
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Right to marry and right to found a family
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Freedom of thought, conscience and religion
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Freedom of expression and information
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Freedom of assembly and of association
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Freedom of the arts and sciences
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Right to education
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Freedom to choose an occupation and right to engage in work
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Freedom to conduct a business
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Right to property
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Right to asylum
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Protection in the event of removal, expulsion or extradition
Title III: Equality
20 -
Equality before the law
21 -
Non-discrimination
22 -
Cultural, religious and linguistic diversity
23 -
Equality between women and men
24 -
The rights of the child
25 -
The rights of the elderly
26 -
Integration of persons with disabilities
Title IV: Solidarity
27 -
Workers' right to information and consultation within the undertaking
28 -
Right of collective bargaining and action
29 -
Right of access to placement services
30 -
Protection in the event of unjustified dismissal
31 -
Fair and just working conditions
32 -
Prohibition of child labour and protection of young people at work
33 -
Family and professional life
34 -
Social security and social assistance
35 -
Health care
36 -
Access to services of general economic interest
37 -
Environmental protection
38 -
Consumer protection
Title V: Citizens' rights
39 -
Right to vote and to stand as a candidate at elections to the European Parliament
40 -
Right to vote and to stand as a candidate at municipal elections
41 -
Right to good administration
42 -
Right of access to documents
43 -
European Ombudsman
44 -
Right to petition
45 -
Freedom of movement and of residence
46 -
Diplomatic and consular protection
Title VI: Justice
47 -
Right to an effective remedy and to a fair trial
48 -
Presumption of innocence and right of defence
49 -
Principles of legality and proportionality of criminal offences and penalties
50 -
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
Title VII: General provisions
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Field of application
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Scope and interpretation
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Level of protection
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Abuse of rights
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CJEU - C 579/12 / Judgment
CJEU - C 579/12 / Judgment
Réexamen Commission v Strack
Deciding body type
Court of Justice of the European Union
Deciding body
European Court of Justice (Fourth Chamber)
Type
Decision
Decision date
19/09/2013
EU Charter of Fundamental Rights
EU Charter of Fundamental Rights
Title IV: Solidarity
Article 31 - Fair and just working conditions
VIEW FULL CASE
CJEU - C 579/12 / Judgment
Key facts of the case:
The purpose of these proceedings is to review the judgment of the General Court of the European Union (Appeal Chamber) of 8 November 2012 in Case T‑268/11 P Commission v Strack [2012] ECR II‑0000 (‘the judgment of 8 November 2012’), by which the General Court set aside the judgment of the European Union Civil Service Tribunal of 15 March 2011 in Case F‑120/07 Strack v Commission [2011] ECR-SC I-A-1-0000 and II-A-1-0000, which annulled the decision of the Commission of 15 March 2007 limiting to 12 the number of days of unused annual leave for 2004 which Mr Strack was allowed to carry over (‘the contested decision’).
The review concerns the questions whether – having regard to the case-law of the Court of Justice relating to the entitlement to paid annual leave as a principle of European Union social law, which is also expressly affirmed in Article 31(2) of the Charter of Fundamental Rights of the European Union (‘the Charter’) and is referred to in particular by 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) – the judgment of the General Court of the European Union of 8 November 2012 adversely affects the unity or consistency of European Union law inasmuch as the General Court, as an appeal court:
interpreted Article 1e(2) of the Staff Regulations of Officials of the European Union to the effect that it does not include the requirements relating to the organisation of working time contained in Directive 2003/88, in particular, paid annual leave, and
consequently, interpreted Article 4 of Annex V to those Regulations as implying that the right to carry over annual leave exceeding the limit laid down in that provisi
on may be gr
anted only where the official has been unable to take leave for reasons connected with his activity as an official and the duties he has thus been required to perform.
Results (sanctions) and key consequences of the case:
The Court (Fourth Chamber) hereby:
Declares that the judgment of the General Court of the European Union (Appeal Chamber) of 8 November 2012 in Case T‑268/11 P Commission v Strack adversely affects the unity and consistency of European Union law inasmuch as the General Court, as an appeal court, disregarding the right to paid annual leave as a principle of the social law of the European Union also expressly affirmed by Article 31(2) of the Charter of Fundamental Rights of the European Union and, in particular, referred to by 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, as interpreted by the case-law of the Court of Justice of the European Union:
interpreted Article 1e(2) of the Staff Regulations to the effect that it does not include the requirements relating to the organisation of working time contained in Directive 2003/88, in particular, paid annual leave, and
consequently, interpreted Article 4 of Annex V to those regulations as implying that the right to carry over annual leave exceeding the limit laid down in that provision may
be gran
ted only where the official has been unable to take leave for reasons connected with his activity as an official and the duties he has thus been required to perform.
Sets aside that judgment of the General Court of the European Union.
Dismisses the appeal brought by the European Commission against the judgment of the European Union Civil Service Tribunal of 15 March 2011 in Case F‑120/07 Strack v Commission.
Orders the European Commission to pay the costs which Mr Strack incurred both in the review proceedings and in the proceedings before the General Court of the European Union.
Declares that the Council of the European Union and the European Commission shall bear their own costs incurred in the review proceedings.
Decl
ares that the European Commission shall bear its own costs incurred in the proceedings before the General Court of the European Union.
Paragraphs referring to EU Charter
27-60