# C_2006143EN.01000701.xml

| 17.6.2006 | EN | Official Journal of the European Union | C 143/7 |
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17.6.2006

EN

Official Journal of the European Union

C 143/7

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Judgment of the Court (First Chamber) of 16 March 2006 (references for a preliminary ruling from the Court of Appeal, Employment Tribunal) — C.D. Robinson-Steele v R.D. Retail Services Ltd (C-131/04) — Michael Jason Clarke v Frank Staddon Ltd (C-257/04) and J.C. Caulfield, C.F. Caulfield, K.V. Barnes v Hanson Clay Products Ltd, formerly Marshalls Clay Products Ltd (C-257/04)

(Joined Cases C-131/04 and C-257/04) (1)

1

(Social policy - Protection of the health and safety of workers - Directive 93/104/EC - Entitlement to paid annual leave - Inclusion of payment for annual leave in the hourly or daily remuneration (‘rolled-up holiday pay’)

(2006/C 143/14)

Language of the case: English

Referring courts

Court of Appeal, Employment Tribunal

Parties to the main proceedings

Applicants: C.D. Robinson-Steele (C-131/04), Michael Jason Clarke (C-257/04), J.C. Caulfield, C.F. Caulfield, K.V. Barnes (C-257/04)

Applicants:

Defendants: R.D. Retail Services Ltd (C-131/04), Frank Staddon Ltd (C-257/04), Hanson Clay Products Ltd, formerly Marshalls Clay Products Ltd (C-257/04)

Defendants:

Re:

Reference for a preliminary ruling — Employment Tribunal — Interpretation of Article 7 of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1997 L 307, p. 18) — Compatibility with that article of provisions of national law which allow pay for annual leave to be included in a worker's hourly remuneration and paid as part of the remuneration for working time but not paid in respect of a period of leave actually taken (‘rolled up holiday pay’)

Operative part of the judgment

| 1. | Article 7(1) of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time precludes part of the remuneration payable to a worker for work done from being attributed to payment for annual leave without the worker receiving, in that respect, a payment additional to that for work done. There can be no derogation from that entitlement by contractual arrangement. |
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1.

Article 7(1) of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time precludes part of the remuneration payable to a worker for work done from being attributed to payment for annual leave without the worker receiving, in that respect, a payment additional to that for work done. There can be no derogation from that entitlement by contractual arrangement.

| 2. | Article 7 of Directive 93/104 precludes the payment for minimum annual leave within the meaning of that provision from being made in the form of part payments staggered over the corresponding annual period of work and paid together with the remuneration for work done, rather than in the form of a payment in respect of a specific period during which the worker actually takes leave. |
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2.

Article 7 of Directive 93/104 precludes the payment for minimum annual leave within the meaning of that provision from being made in the form of part payments staggered over the corresponding annual period of work and paid together with the remuneration for work done, rather than in the form of a payment in respect of a specific period during which the worker actually takes leave.

| 3. | Article 7 of Directive 93/104 does not preclude, as a rule, sums paid, transparently and comprehensibly, in respect of minimum annual leave, within the meaning of that provision, in the form of part payments staggered over the corresponding annual period of work and paid together with the remuneration for work done, from being set off against the payment for specific leave which is actually taken by the worker. |
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3.

Article 7 of Directive 93/104 does not preclude, as a rule, sums paid, transparently and comprehensibly, in respect of minimum annual leave, within the meaning of that provision, in the form of part payments staggered over the corresponding annual period of work and paid together with the remuneration for work done, from being set off against the payment for specific leave which is actually taken by the worker.

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(1)  OJ C 106, 30.04.2004.

1

OJ C 217, 28.08.2004.

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