CELEX: 62016CN0619
Language: en
Date: 2016-11-29 00:00:00
Title: Case C-619/16: Request for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg (Germany) lodged on 29 November 2016 — Sebastian W. Kreuziger v Land Berlin

6.2.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/15
            
         Request for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg (Germany) lodged on 29 November 2016 — Sebastian W. Kreuziger v Land Berlin
   (Case C-619/16)
   (2017/C 038/19)
   Language of the case: German
   
      Referring court
   
   Oberverwaltungsgericht Berlin-Brandenburg
   
      Parties to the main proceedings
   
   
      Appellant: Sebastian W. Kreuziger
   
      Respondent: Land Berlin
   
      Questions referred
   
   
               1.
            
            
               Is Article 7(2) of Directive 2003/88/EC (1) to be interpreted as meaning that it precludes national legislation or practice in accordance with which the entitlement to an allowance in lieu on termination of the employment relationship is excluded where the worker did not apply for paid annual leave even though he could have?
            
         
               2.
            
            
               Is Article 7(2) of Directive 2003/88/EC to be interpreted as meaning that it precludes national legislation or practice in accordance with which the entitlement to an allowance in lieu on termination of the employment relationship presupposes that, for reasons beyond his control, the worker was unable to exercise his right to paid annual leave before the end of the employment relationship?
            
         
      (1)  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).