# C_2013108EN.01001101.xml

| 13.4.2013 | EN | Official Journal of the European Union | C 108/11 |
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13.4.2013

EN

Official Journal of the European Union

C 108/11

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Order of the Court (Sixth Chamber) of 21 February 2013 (request for a preliminary ruling from the Juzgado de lo Social de Benidorm — Spain) — Concepción Maestre García v Centros Comerciales Carrefour SA

(Case C-194/12) (1)

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(Article 99 of the Rules of Procedure - Directive 2003/88/EC - Organisation of working time - Entitlement to paid annual leave - Annual leave scheduled by the undertaking coinciding with sick leave - Entitlement to take annual leave at another time - Allowance in lieu of annual leave not taken)

2013/C 108/21

Language of the case: Spanish

Referring court

Referring court

Juzgado de lo Social de Benidorm

Parties to the main proceedings

Parties to the main proceedings

Applicant: Concepción Maestre García

Applicant:

Defendant: Centros Comerciales Carrefour SA

Defendant:

Re:

Re:

Request for a preliminary ruling — Juzgado de lo Social de Benidorm — Interpretation of 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 (OJ 2003 L 299, p. 9) — Entitlement to paid annual leave — Worker on sick leave during the annual leave period fixed by the company — Entitlement of the worker to take leave at another time.

Operative part of the order

Operative part of the order

| 1. | 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 an interpretation of the national legislation according to which a worker who is on sick leave during a period of annual leave scheduled unilaterally in the annual leave planning schedule of the undertaking which employs him does not have the right, following the end of his sick leave, to take his annual leave at a time other than that originally scheduled, if necessary outside the corresponding reference period, for reasons connected with production or organisation of the undertaking. |
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1.

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 an interpretation of the national legislation according to which a worker who is on sick leave during a period of annual leave scheduled unilaterally in the annual leave planning schedule of the undertaking which employs him does not have the right, following the end of his sick leave, to take his annual leave at a time other than that originally scheduled, if necessary outside the corresponding reference period, for reasons connected with production or organisation of the undertaking.

| 2. | Article 7 of Directive 2003/88 must be interpreted as precluding an interpretation of the national legislation that permits, while the contract of employment is in force, the payment of an allowance in lieu of the period of annual leave which the worker was not able to take as a result of work incapacity. |
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2.

Article 7 of Directive 2003/88 must be interpreted as precluding an interpretation of the national legislation that permits, while the contract of employment is in force, the payment of an allowance in lieu of the period of annual leave which the worker was not able to take as a result of work incapacity.

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(1)  OJ C 227, 28.7.2012.

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