# C_2016343EN.01000702.xml

| 19.9.2016 | EN | Official Journal of the European Union | C 343/7 |
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19.9.2016

EN

Official Journal of the European Union

C 343/7

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Judgment of the Court (Tenth Chamber) of 20 July 2016 (request for a preliminary ruling from the Verwaltungsgericht Wien — Austria) — Hans Maschek v Magistratsdirektion der Stadt Wien — Personalstelle Wiener Stadtwerke

(Case C-341/15) (1)

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((Reference for a preliminary ruling - Social policy - Directive 2003/88/EC - Article 7 - Right to paid annual - Retirement at the request of the party concerned - Worker failing to use up all his entitlement to annual paid leave before the termination of his work relations - National legislation excluding allowance in lieu of paid annual leave not taken - Sick leave - Public servants))

(2016/C 343/10)

Language of the case: German

Referring court

Referring court

Verwaltungsgericht Wien

Parties to the main proceedings

Parties to the main proceedings

Appellant: Hans Maschek

Appellant:

Respondent: Magistratsdirektion der Stadt Wien — Personalstelle Wiener Stadtwerke

Respondent:

Operative part of the judgment

Operative part of the judgment

Article 7(2) 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 such as that at issue in the main proceedings, which deprives the worker, whose employment relationship was terminated following his request for retirement, of an allowance in lieu of paid annual leave not taken and who has not been able to use up his rights to paid annual leave before the end of that employment relationship; |
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as precluding national legislation such as that at issue in the main proceedings, which deprives the worker, whose employment relationship was terminated following his request for retirement, of an allowance in lieu of paid annual leave not taken and who has not been able to use up his rights to paid annual leave before the end of that employment relationship;

| — | as meaning that a worker is entitled, on retirement, to an allowance in lieu of paid annual leave not taken because he was prevented from working by sickness; |
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as meaning that a worker is entitled, on retirement, to an allowance in lieu of paid annual leave not taken because he was prevented from working by sickness;

| — | as meaning that a worker whose employment relationship has ended and who, pursuant to an agreement with his employer, while continuing to receive his salary, was required not to report to his place of work during a specified period preceding his retirement, is not entitled to an allowance in lieu of paid annual leave not taken during this period, unless he was not able to use up that entitlement due to illness; |
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as meaning that a worker whose employment relationship has ended and who, pursuant to an agreement with his employer, while continuing to receive his salary, was required not to report to his place of work during a specified period preceding his retirement, is not entitled to an allowance in lieu of paid annual leave not taken during this period, unless he was not able to use up that entitlement due to illness;

| — | as meaning that it is, on the one hand, for the Member States to decide whether to grant workers additional paid leave in addition to the minimum annual paid leave of four weeks provided for in Article 7 of Directive 2003/88. In that case, the Member States may grant to a worker who, because of illness, could not use up all of his additional paid annual leave before the end of his employment relationship, an entitlement to an allowance in lieu of that additional period. It is, on the other hand, for the Member States to determine the conditions for granting that entitlement. |
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as meaning that it is, on the one hand, for the Member States to decide whether to grant workers additional paid leave in addition to the minimum annual paid leave of four weeks provided for in Article 7 of Directive 2003/88. In that case, the Member States may grant to a worker who, because of illness, could not use up all of his additional paid annual leave before the end of his employment relationship, an entitlement to an allowance in lieu of that additional period. It is, on the other hand, for the Member States to determine the conditions for granting that entitlement.

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(1)  OJ C 346, 19.10.2015.

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