Judgment — ECLI:EU:C:2012:263
Date: 2012-05-03
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Social policy — Protection of the safety and health of workers — Organisation of working time — Scope — National public servant carrying out the activities of a fireman (European Parliament and Council Directive 2003/88, Art. 7) 2. Social policy — Protection of the safety and health of workers — Organisation of working time — Right to paid annual leave (European Parliament and Council Directive 2003/88, Art. 7(2)) 3. Social policy — Protection of the safety and health of workers — Organisation of working time — Right to paid annual leave — National legislation conferring on public servants an entitlement to further paid leave, in addition to the entitlement to a minimum paid annual leave (European Parliament and Council Directive 2003/88, Art. 7) 4. Social policy — Protection of the safety and health of workers — Organisation of working time — Right to paid annual leave — National legislation restricting the accumulation of entitlements to paid leave not taken because a public servant who was retiring was unfit for service — Whether incompatible (European Parliament and Council Directive 2003/88, Art. 7(2)) 1. Article 7 of Directive 2003/88 concerning certain aspects of the organisation of working time must be interpreted as applying to a public servant carrying out the activities of a fireman in normal circumstances. (see para. 26, operative part 1) 2. Article 7(2) of Directive 2003/88 concerning certain aspects of the organisation of working time must be interpreted as meaning that a public servant is entitled, on retirement, to an allowance in lieu of paid annual leave not taken because he was prevented from working by sickness. (see para. 32, operative part 2) 3. Article 7 of Directive 2003/88 concerning certain aspects of the organisation of working time must be interpreted as not precluding provisions of national law conferring on a public servant an entitlement to further paid leave in addition to the entitlement to a minimum paid annual leave of four weeks, which do not provide for the payment of an allowance in lieu if a public servant who is retiring has been unable to use that additional entitlement because he was prevented from working by sickness. (see para. 37, operative part 3) 4. Article 7(2) of Directive 2003/88 concerning certain aspects of the organisation of working time must be interpreted as precluding a provision of national law which restricts, by a carry-over period of nine months on expiry of which the entitlement to paid annual leave lapses, the right of a public servant who is retiring to cumulate the allowances in lieu of paid annual leave not taken because he was unfit for service. (see para. 43, operative part 4)