CELEX: 62010CA0337
Language: en
Date: 2012-05-03 00:00:00
Title: Case C-337/10: Judgment of the Court (Fifth Chamber) of 3 May 2012 (reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main (Germany) — Georg Neidel v Stadt Frankfurt am Main (Social policy — Directive 2003/88/EC — Working conditions — Organisation of working time — Right to paid annual leave — Allowance in lieu in the event of sickness — Public servants (firemen))

16.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 174/4
            
         Judgment of the Court (Fifth Chamber) of 3 May 2012 (reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main (Germany) — Georg Neidel v Stadt Frankfurt am Main
   (Case C-337/10) (1)
   
   (Social policy - Directive 2003/88/EC - Working conditions - Organisation of working time - Right to paid annual leave - Allowance in lieu in the event of sickness - Public servants (firemen))
   2012/C 174/04
   Language of the case: German
   
      Referring court
   
   Verwaltungsgericht Frankfurt am Main
   
      Parties to the main proceedings
   
   
      Applicant: Georg Neidel
   
      Defendant: Stadt Frankfurt am Main
   
      Re:
   
   Reference for a preliminary ruling — Verwaltungsgericht Frankfurt am Main — Interpretation of 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 (OJ 2003 L 299, p. 9) — Entitlement to an allowance in lieu of paid annual leave not taken in full because of unfitness for service lasting for several years before retirement — Scope ratione personae of Directive 2003/88/EC — Public servants (firemen)
   
      Operative part of the judgment
   
   
               1.
            
            
               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 must be interpreted as applying to a public servant carrying out the activities of a fireman in normal circumstances.
            
         
               2.
            
            
               Article 7(2) of Directive 2003/88 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.
            
         
               3.
            
            
               Article 7 of Directive 2003/88 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.
            
         
               4.
            
            
               Article 7(2) of Directive 2003/88 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.
            
         
      (1)  OJ C 301, 6.11.2010.