CELEX: 62020CA0217
Language: en
Date: 2021-12-09 00:00:00
Title: Case C-217/20: Judgment of the Court (Second Chamber) of 9 December 2021 (request for a preliminary ruling from the Rechtbank Overijssel — Netherlands) — XXXX v Staatssecretaris van Financiën (Reference for a preliminary ruling — Directive 2003/88/EC — Organisation of working time — Protection of the health and safety of workers — Article 7(1) — Right to paid annual leave — Level of remuneration — Reduced remuneration due to incapacity for work)

14.2.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 73/3
            
         
      Judgment of the Court (Second Chamber) of 9 December 2021 (request for a preliminary ruling from the Rechtbank Overijssel — Netherlands) — XXXX v Staatssecretaris van Financiën
      (Case C-217/20) (1)
      
      (Reference for a preliminary ruling - Directive 2003/88/EC - Organisation of working time - Protection of the health and safety of workers - Article 7(1) - Right to paid annual leave - Level of remuneration - Reduced remuneration due to incapacity for work)
      (2022/C 73/03)
      Language of the case: Dutch
      
         Referring court
      
      Rechtbank Overijssel
      
         Parties to the main proceedings
      
      
         Applicant: XXXX
      
         Defendant: Staatssecretaris van Financiën
      
         Operative part of the judgment
      
      Article 7(1) 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 provisions and practices under which, where a worker who is incapacitated for work due to illness exercises his or her right to paid annual leave, the reduction, following the incapacity for work, of the amount of remuneration that he or she received during the period of work preceding that during which annual leave is requested, is taken into account to determine the amount of remuneration that will be paid to him or her in respect of his or her paid annual leave.
      
         (1)  OJ C 297, 7.9.2020.