Joined Cases C-131/04 and C-257/04: Judgment of the Court (First Chamber) of  16 March 2006  (references for a preliminary ruling from the Court of Appeal, Employment Tribunal) — C.D. Robinson-Steele v R.D. Retail Services Ltd (C-131/04) — Michael Jason Clarke v Frank Staddon Ltd (C-257/04) and J.C. Caulfield, C.F. Caulfield, K.V. Barnes v Hanson Clay Products Ltd, formerly Marshalls Clay Products Ltd (C-257/04) (Social policy — Protection of the health and safety of workers — Directive 93/104/EC — Entitlement to paid annual leave — Inclusion of payment for annual leave in the hourly or daily remuneration ( rolled-up holiday pay )
Date: 2006-06-17
Institutions: Court of Justice
Subjects: EU law, interpretation of the law, labour law, national law, paid leave, remuneration of work

17.6.2006

EN

Official Journal of the European Union

C 143/7

Re:

Reference for a preliminary ruling — Amtsgericht Niebüll —
Interpretation of Articles 12 EC and 18 EC — Interpretation of
the principles of Community law relating to European citizen-
ship and freedom of movement of persons — Minor child born
and residing in one Member State and having the nationality of
another Member State — Application in the latter Member
State for the mother's name to be joined to that of the father
— Refusal

Defendants: R.D. Retail Services Ltd (C-131/04), Frank Staddon
Ltd (C-257/04), Hanson Clay Products Ltd, formerly Marshalls
Clay Products Ltd (C-257/04)

Re:

Operative part of the judgment

The Court of Justice of the European Communities has no jurisdiction
to answer the question referred by the Amtsgericht Niebüll in its deci-
sion of 2 June 2003.

(1) OJ C 106, 30.4.2004.

Reference for a preliminary ruling — Employment Tribunal —
Interpretation of Article 7 of Council Directive 93/104/EC of
23 November 1993 concerning certain aspects of the organisa-
tion of working time (OJ 1997 L 307, p. 18) — Compatibility
with that article of provisions of national law which allow pay
for annual leave to be included in a worker's hourly remunera-
tion and paid as part of the remuneration for working time but
not paid in respect of a period of leave actually taken (‘rolled
up holiday pay’)

Operative part of the judgment

Judgment of the Court (First Chamber) of 16 March 2006
(references for a preliminary ruling from the Court of
Appeal, Employment Tribunal) — C.D. Robinson-Steele v
R.D. Retail Services Ltd (C-131/04) — Michael
Jason
Clarke v Frank Staddon Ltd (C-257/04) and J.C. Caulfield,
C.F. Caulfield, K.V. Barnes v Hanson Clay Products Ltd,
formerly Marshalls Clay Products Ltd (C-257/04)

1. Article 7(1) of Council Directive 93/104/EC of 23 November
1993 concerning certain aspects of the organisation of working
time precludes part of the remuneration payable to a worker for
work done from being attributed to payment for annual
leave
without the worker receiving, in that respect, a payment additional
to that for work done. There can be no derogation from that enti-
tlement by contractual arrangement.

(Joined Cases C-131/04 and C-257/04) (1)

(Social policy — Protection of the health and safety of
workers — Directive 93/104/EC — Entitlement
to paid
annual leave — Inclusion of payment for annual leave in the
hourly or daily remuneration (‘rolled-up holiday pay’)

(2006/C 143/14)

Language of the case: English

Referring courts

Court of Appeal, Employment Tribunal

Parties to the main proceedings

Applicants: C.D. Robinson-Steele (C-131/04), Michael
Jason
Clarke (C-257/04), J.C. Caulfield, C.F. Caulfield, K.V. Barnes (C-
257/04)

the payment

2. Article 7 of Directive 93/104 precludes

for
minimum annual leave within the meaning of that provision from
being made in the form of part payments staggered over the corre-
sponding annual period of work and paid together with the remu-
neration for work done, rather than in the form of a payment in
respect of a specific period during which the worker actually takes
leave.

3. Article 7 of Directive 93/104 does not preclude, as a rule, sums
paid, transparently and comprehensibly,
in respect of minimum
annual leave, within the meaning of that provision, in the form of
part payments staggered over the corresponding annual period of
work and paid together with the remuneration for work done,
from being set off against the payment for specific leave which is
actually taken by the worker.

(1) OJ C 106, 30.04.2004.
OJ C 217, 28.08.2004.