CELEX: 62017CA0437
Language: en
Date: 2019-03-13 00:00:00
Title: Case C-437/17: Judgment of the Court (Fifth Chamber) of 13 March 2019 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Gemeinsamer Betriebsrat EurothermenResort Bad Schallerbach GmbH v EurothermenResort Bad Schallerbach GmbH (Reference for a preliminary ruling — Free movement of workers — Article 45 TFEU — Regulation (EU) No 492/2011 — Article 7(1) — Prohibition of discrimination on grounds of nationality — Right to paid annual leave based on the seniority of the worker with the employer — Account taken only in part of previous periods of service completed with other employers — Social law — Disparity between the schemes and legislation of the Member States)

6.5.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/6
            
         
      Judgment of the Court (Fifth Chamber) of 13 March 2019 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Gemeinsamer Betriebsrat EurothermenResort Bad Schallerbach GmbH v EurothermenResort Bad Schallerbach GmbH
      (Case C-437/17) (1)
      
      (Reference for a preliminary ruling - Free movement of workers - Article 45 TFEU - Regulation (EU) No 492/2011 - Article 7(1) - Prohibition of discrimination on grounds of nationality - Right to paid annual leave based on the seniority of the worker with the employer - Account taken only in part of previous periods of service completed with other employers - Social law - Disparity between the schemes and legislation of the Member States)
      (2019/C 155/07)
      Language of the case: German
      
         Referring court
      
      Oberster Gerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: Gemeinsamer Betriebsrat EurothermenResort Bad Schallerbach GmbH
      
         Defendant: EurothermenResort Bad Schallerbach GmbH
      
         Operative part of the judgment
      
      Article 45 TFEU and Article 7(1) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, under which, for the purposes of determining whether a worker with 25 years of professional experience is entitled to an increase in his paid annual leave from five to six weeks, the years of service completed with one or more employers prior to the start of the worker’s period of service with his current employer account for only a maximum of five years of professional experience, even if their actual number is more than five.
      
         (1)  OJ C 382, 13.11.2017.