# C_2018013EN.01000802.xml

| 15.1.2018 | EN | Official Journal of the European Union | C 13/8 |
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15.1.2018

EN

Official Journal of the European Union

C 13/8

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Request for a preliminary ruling from the Työtuomioistuin (Finland) lodged on 24 October 2017 — Auto- ja Kuljetusalan Työntekijäliitto AKT ry v Satamaoperaattorit ry

(Case C-610/17)

(2018/C 013/10)

Language of the case: Finnish

Referring court

Referring court

Työtuomioistuin

Parties to the main proceedings

Parties to the main proceedings

Applicant: Auto- ja Kuljetusalan Työntekijäliitto AKT ry

Applicant:

Defendant: Satamaoperaattorit ry

Defendant:

Other party: Kemi Shipping Oy

Other party

Questions referred

Questions referred

| (1) | Does Article 7(1) of Directive 2003/88/EC (1) of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time preclude a national provision in a collective agreement, or its interpretation, under which an employee whose incapacity for work on account of illness commences during his annual leave, or a part thereof, is not entitled, irrespective of any application by him, to carry over the first six days of incapacity for work falling within the annual leave, where those days of absence on account of illness do not reduce the employee’s entitlement to four weeks’ annual leave? |
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(1)

Does Article 7(1) of Directive 2003/88/EC (1) of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time preclude a national provision in a collective agreement, or its interpretation, under which an employee whose incapacity for work on account of illness commences during his annual leave, or a part thereof, is not entitled, irrespective of any application by him, to carry over the first six days of incapacity for work falling within the annual leave, where those days of absence on account of illness do not reduce the employee’s entitlement to four weeks’ annual leave?

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| (2) | Does Article 31(2) of the Charter of Fundamental Rights of the European Union have direct legal effect in an employment relationship between private legal subjects, that is to say, direct horizontal legal effect? |
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(2)

Does Article 31(2) of the Charter of Fundamental Rights of the European Union have direct legal effect in an employment relationship between private legal subjects, that is to say, direct horizontal legal effect?

| (3) | Does Article 31(2) of the Charter of Fundamental Rights of the European Union protect accrued leave, in so far as the duration of the leave exceeds the minimum annual leave of four weeks provided for in Article 7(1) of the Working Time Directive, and does that provision of the Charter of Fundamental Rights preclude a national provision in a collective agreement, or its interpretation, under which an employee whose incapacity for work on account of illness commences during his annual leave, or a part thereof, is not entitled, irrespective of any application by him, to carry over the first six days of incapacity for work falling within the annual leave, where those days of absence on account of illness do not reduce the employee’s entitlement to four weeks’ annual leave? |
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(3)

Does Article 31(2) of the Charter of Fundamental Rights of the European Union protect accrued leave, in so far as the duration of the leave exceeds the minimum annual leave of four weeks provided for in Article 7(1) of the Working Time Directive, and does that provision of the Charter of Fundamental Rights preclude a national provision in a collective agreement, or its interpretation, under which an employee whose incapacity for work on account of illness commences during his annual leave, or a part thereof, is not entitled, irrespective of any application by him, to carry over the first six days of incapacity for work falling within the annual leave, where those days of absence on account of illness do not reduce the employee’s entitlement to four weeks’ annual leave?

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(1)  OJ 2003 L 299, p. 9.

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