CELEX: 62011CA0229
Language: en
Date: 2012-11-08 00:00:00
Title: Joined Cases C-229/11 and C-230/11: Judgment of the Court (Fifth Chamber) of 8 November 2012 (references for a preliminary ruling from the Arbeitsgericht Passau — Germany) — Alexander Heimann (C-229/11), Konstantin Toltschin (C-230/11) v Kaiser GmbH, (Social policy — Directive 2003/88/EC — Short-time working ( ‘Kurzarbeit’ ) — Reduction of paid annual leave on the basis of short-time working — Allowance in lieu)

12.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 9/14
            
         Judgment of the Court (Fifth Chamber) of 8 November 2012 (references for a preliminary ruling from the Arbeitsgericht Passau — Germany) — Alexander Heimann (C-229/11), Konstantin Toltschin (C-230/11) v Kaiser GmbH,
   (Joined Cases C-229/11 and C-230/11) (1)
   
   (Social policy - Directive 2003/88/EC - Short-time working (‘Kurzarbeit’) - Reduction of paid annual leave on the basis of short-time working - Allowance in lieu)
   2013/C 9/21
   Language of the case: German
   
      Referring court
   
   Arbeitsgericht Passau
   
      Parties to the main proceedings
   
   
      Applicants: Alexander Heimann (C-229/11), Konstantin Toltschin (C-230/11)
   
      Defendant: Kaiser GmbH,
   
      Re:
   
   References for a preliminary ruling — Arbeitsgericht Passau — Interpretation of Article 31(2) of the Charter of Fundamental Rights (OJ 2010 C 83, p. 389) and of 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 (OJ 2003 L 299, p. 9) — Reduction in the usual hours worked in the undertaking, as a result of short-time working (‘Kurzarbeit’) — National legislation providing for a reduced entitlement to paid annual leave on the basis of the reduction in the number of working days under short-time working
   
      Operative part of the judgment
   
   Article 31(2) of the Charter of Fundamental Rights of the European Union and 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 meaning that they do not preclude national legislation or practice, such as a social plan agreed between an undertaking and its works council, under which the paid annual leave of a worker on short-time working is calculated according to the pro rata temporis rule.
   
      (1)  OJ C 269, 10.9.2011.