CELEX: C2006/143/33
Language: en
Date: 2006-06-17 00:00:00
Title: Case C-124/05: Judgment of the Court (First Chamber) of  6 April 2006  (reference for a preliminary ruling from the Gerechtshof te 's-Gravenhage) — Federatie Nederlandse Vakbeweging v Staat der Nederlanden (Social policy — Protection of the safety and health of workers — Directive 93/104/EC — Right to paid annual leave — Financial compensation for not taking the minimum period of paid annual leave)

17.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 143/19
            
         Judgment of the Court (First Chamber) of 6 April 2006 (reference for a preliminary ruling from the Gerechtshof te 's-Gravenhage) — Federatie Nederlandse Vakbeweging v Staat der Nederlanden
   (Case C-124/05) (1)
   
   (Social policy - Protection of the safety and health of workers - Directive 93/104/EC - Right to paid annual leave - Financial compensation for not taking the minimum period of paid annual leave)
   (2006/C 143/33)
   Language of the case: Dutch
   Referring court
   Gerechtshof te 's-Gravenhage
   Parties to the main proceedings
   
      Applicant: Federatie Nederlandse Vakbeweging (FNV)
   
      Defendant: Staat der Nederlanden
   Re:
   Preliminary ruling — Gerechtshof te 's-Gravenhage — Interpretation of Article 7(2) of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18) — Compatibility with a national provision under which it is possible to agree in writing, over the duration of a contract of employment, to grant financial compensation in the following year in respect of minimum annual leave which has not been used up
   Operative part of the judgment
   Article 7 of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time, as amended by Directive 2000/34/EC of the European Parliament and of the Council of 22 June 2000, must be interpreted as precluding a national provision which, during a contract of employment, permits days of annual leave, within the meaning of Article 7(1) of the directive, which are not taken in the course of a given year, to be replaced by an allowance in lieu in the course of a subsequent year.
   
      (1)  OJ C 155, 25.6.2005.