CELEX: 62016CA0619
Language: en
Date: 2018-11-06 00:00:00
Title: Case C-619/16: Judgment of the Court (Grand Chamber) of 6 November 2018 (request for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg — Germany) — Sebastian W. Kreuziger v Land Berlin (Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — National legislation providing for the loss of annual leave not taken and of the payment in lieu thereof, where the worker did not submit a request for leave before the termination of the employment relationship)

14.1.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 16/3
            
         
      Judgment of the Court (Grand Chamber) of 6 November 2018 (request for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg — Germany) — Sebastian W. Kreuziger v Land Berlin
      (Case C-619/16) (1)
      
      ((Reference for a preliminary ruling - Social policy - Organisation of working time - Directive 2003/88/EC - Article 7 - Right to paid annual leave - National legislation providing for the loss of annual leave not taken and of the payment in lieu thereof, where the worker did not submit a request for leave before the termination of the employment relationship))
      (2019/C 16/03)
      Language of the case: German
      
         Referring court
      
      Oberverwaltungsgericht Berlin-Brandenburg
      
         Parties to the main proceedings
      
      
         Appellant: Sebastian W. Kreuziger
      
         Respondent: Land Berlin
      
         Operative part of the judgment
      
      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 precluding national legislation such as that at issue in the main proceedings, in so far as it entails that, in the event that the worker did not ask to exercise his right to paid annual leave prior to the termination of the employment relationship, that worker loses — automatically and without prior verification of whether the employer had in fact enabled him, in particular through the provision of sufficient information, to exercise his right to leave prior to the termination of that relationship — the days of paid annual leave to which he was entitled under EU law on the date of the termination of that relationship, and, accordingly, his right to an allowance in lieu of paid annual leave not taken.
      
         (1)  OJ C 38, 6.2.2017.