# C_2014253EN.01000801.xml

| 4.8.2014 | EN | Official Journal of the European Union | C 253/8 |
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4.8.2014

EN

Official Journal of the European Union

C 253/8

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Judgment of the Court (First Chamber) of 22 May 2014 (request for a preliminary ruling from the Employment Tribunal, Leicester — United Kingdom) — Z.J.R. Lock v British Gas Trading Limited

(Case C-539/12) (1)

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((Social policy - Organisation of working time - Directive 2003/88/EC - Right to paid annual leave - Composition of remuneration - Basic salary and commission according to turnover realised))

2014/C 253/10

Language of the case: English

Referring court

Referring court

Employment Tribunal, Leicester

Parties to the main proceedings

Parties to the main proceedings

Applicant: Z.J.R. Lock

Applicant:

Defendant: British Gas Trading Limited

Defendant:

Re:

Re:

Request for a preliminary ruling — Employment Tribunal, Leicester — United Kingdom — Interpretation of Article 7 of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18) as amended by Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 (OJ 2003 L 299, p. 9) — Consultant being paid a basic salary together with monthly premiums according to the turnover realised and the number of sale contracts concluded, paid in arrears — Maintenance of the basic salary during annual leave, but not the premiums, except those linked to the services provided before the leave

Operative part of the judgment

Operative part of the judgment

| 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 national legislation and practice under which a worker whose remuneration consists of a basic salary and commission, the amount of which is fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, is entitled, in respect of his paid annual leave, to remuneration composed exclusively of his basic salary. |
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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 national legislation and practice under which a worker whose remuneration consists of a basic salary and commission, the amount of which is fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, is entitled, in respect of his paid annual leave, to remuneration composed exclusively of his basic salary.

| 2) | The methods of calculating the commission to which a worker, such as the applicant in the main proceedings, is entitled in respect of his annual leave must be assessed by the national court or tribunal on the basis of the rules and criteria set out by the case-law of the Court of Justice of the European Union and in the light of the objective pursued by Article 7 of Directive 2003/88. |
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2)

The methods of calculating the commission to which a worker, such as the applicant in the main proceedings, is entitled in respect of his annual leave must be assessed by the national court or tribunal on the basis of the rules and criteria set out by the case-law of the Court of Justice of the European Union and in the light of the objective pursued by Article 7 of Directive 2003/88.

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(1)  OJ C 46, 16.2.2013.

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