CELEX: 62015CN0209
Language: en
Date: 2015-05-06 00:00:00
Title: Case C-209/15: Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 6 May 2015 — Korpschef van politie v W.F. de Munk

3.8.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 254/6
            
         Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 6 May 2015 — Korpschef van politie v W.F. de Munk
   (Case C-209/15)
   (2015/C 254/08)
   Language of the case: Dutch
   
      Referring court
   
   Centrale Raad van Beroep
   
      Parties to the main proceedings
   
   
      Appellant: Korpschef van politie
   
      Respondent: W.F. de Munk
   
      Questions referred
   
   
               1.
            
            
               Must Article 7 of Directive 2003/88/EC (1) be interpreted as meaning that it cannot be reconciled with a national provision such as Article 19 of the Besluit algemene rechtspositie politie (Decree on the general legal status of the police) (‘the Barp’), under which a public servant who has been wrongly dismissed does not accumulate any leave hours during the period between the date of dismissal and the date of reinstatement of the employment relationship, or the date on which the employment relationship is finally validly terminated?
            
         
               2.
            
            
               If it follows from Question 1 that leave hours were indeed accumulated during the period at issue, must Article 7 of Directive 2003/88/EC then be interpreted as meaning that it cannot be reconciled with Article 23 of the Barp, which provides that at the end of the reference year only a limited number of leave hours may be carried over to the following year and the remaining unused leave hours expire?
            
         
      (1)  Directive of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9).