Source: All England Reporter
Publisher Citation: [2006] All ER (D) 69 (Apr)
Court: Court of Justice of the European Communities (First Chamber)
Judge:

Judges Jann (President of the Chamber), Schiemann, Colneric (Rapporteur), Lenaerts and Juhasz

Judgment Dates: 6 April 2006

Catchwords

Health and safety at work - Organisation of working time - Paid annual leave - European Community provisions - Reference for preliminary ruling - Interpretation of directive - Whether national provision providing for financial compensation for not taking minimum period of paid annual leave compatible with Community law - Council Directive (EC) 93/104, art 7(2).

The Case

Article7 of Council Directive (EC) 93-104 (concerning certain aspects of the organisation of working time) had to be interpreted as precluding a national provision which, during a contract of employment, permitted days of annual leave, within the meaning of art7(1) of the directive, which were not taken in the course of a given year, to be replaced by an allowance in lieu in the course of a subsequent year.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.