CJEU Case C-233/20 / Judgment

WD v job-medium GmbH
Policy area
Employment and social policy
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Seventh Chamber)
Type
Decision
Decision date
25/11/2021
ECLI (European case law identifier)
ECLI:EU:C:2021:960
  • CJEU Case C-233/20 / Judgment

    Key facts of the case:

    Request for a preliminary ruling from the Oberster Gerichtshof.

    Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Protection of the safety and health of workers – Article 7(1) – Right to an allowance in lieu of paid annual leave not taken before the end of the employment relationship – Early termination of the employment relationship by the employee.

     

    Outcome of the case:

    On those grounds, the Court (Seventh Chamber) hereby rules:

    1. 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, read in the light of Article 31(2) of the Charter of Fundamental Rights of the European Union must be interpreted as precluding a provision of national law under which no allowance is payable in lieu of paid annual leave not taken in respect of the current and last year of employment, where the worker unilaterally terminates the employment relationship early and without cause.
    2. It is not necessary for the national court to verify whether the worker was unable to take the leave to which he or she was entitled.