62022CO0795_INF
Order of the Court (Sixth Chamber) of 10 October 2023 –Direccion000 and Others
(Case C‑795/22)
(Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court of Justice – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Allowance in lieu of leave not taken after the termination of the employment relationship – One-year limitation period – Adequate information provided to the worker)
Social policy – Protection of the safety and health of workers – Organisation of working time – Right to paid annual leave – National legislation providing for a limitation period of one year from the end of the annual reference period – No prior verification whether the worker had been given the opportunity actually to exercise that right – Unlawful – Failure on the part of the worker to initiate a procedure having the effect of interrupting the limitation period – Irrelevant
(Charter of Fundamental Rights of the European Union, Art. 31(2); European Parliament and Council Directive 2003/88, Art. 7)
(see paragraphs 45, 47, operative part)
Operative part
Article 7 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, and Article 31(2) of the Charter of Fundamental Rights of the European Union
must be interpreted as precluding national legislation pursuant to which the right to paid annual leave acquired by a worker is lost at the end of a period of one year from the end of the annual reference period to which the leave relates, where the worker has not actually been given the opportunity by his or her employer to exercise that right, including in cases where that worker has failed to initiate, before the end of the employment relationship, a procedure having the effect of interrupting the limitation period.