Communication: judgment No. 0217 of 2020

IDENTIFIER
62020CA0217
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
1
REFERENCED
1
DOCUMENT TYPE
Communication: judgment

Judgment



14.2.2022   

EN

Official Journal of the European Union

C 73/3


Judgment of the Court (Second Chamber) of 9 December 2021 (request for a preliminary ruling from the Rechtbank Overijssel — Netherlands) — XXXX v Staatssecretaris van Financiën

(Case C-217/20) (1)

(Reference for a preliminary ruling - Directive 2003/88/EC - Organisation of working time - Protection of the health and safety of workers - Article 7(1) - Right to paid annual leave - Level of remuneration - Reduced remuneration due to incapacity for work)

(2022/C 73/03)

Language of the case: Dutch

Referring court

Rechtbank Overijssel

Parties to the main proceedings

Applicant: XXXX

Defendant: Staatssecretaris van Financiën

Operative part of the judgment

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 precluding national provisions and practices under which, where a worker who is incapacitated for work due to illness exercises his or her right to paid annual leave, the reduction, following the incapacity for work, of the amount of remuneration that he or she received during the period of work preceding that during which annual leave is requested, is taken into account to determine the amount of remuneration that will be paid to him or her in respect of his or her paid annual leave.


(1)  OJ C 297, 7.9.2020.



Citations

Sign up for a free moonlit.ai™ account to access all citing documents.