Official Journal of the European Union
Judgment of the Court (Seventh Chamber) of 13 January 2022 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — DS v Koch Personaldienstleistungen GmbH
(Case C-514/20) (1)
(Reference for a preliminary ruling - Social policy - Charter of Fundamental Rights of the European Union - Article 31(2) - Directive 2003/88/EC - Organisation of working time - Article 7 - Annual leave - Working time - Overtime - Calculation of working time on a monthly basis - No overtime pay when taking annual leave)
Language of the case: German
Parties to the main proceedings
Defendant: Koch Personaldienstleistungen GmbH
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, 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 in a collective labour agreement under which, in order to determine whether the threshold of hours worked granting entitlement to overtime pay is reached, the hours corresponding to the period of paid annual leave taken by the worker are not to be taken into account as hours worked.
(1) OJ C 19, 18.1.2021.