The Georg Neidel case

European Court of Justice, Case C-337/10

Categories: Employment Law
Typology: Case Law
Tags: Employment

Judgment of the Court (Fifth Chamber) of 3 May 2012 (reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main (Germany) - Georg Neidel v Stadt Frankfurt am Main

 

(Case C-337/10) 

 

(Social policy - Directive 2003/88/EC - Working conditions - Organisation of working time - Right to paid annual leave - Allowance in lieu in the event of sickness - Public servants (firemen))

 

Language of the case: German

 

Referring court

 

Verwaltungsgericht Frankfurt am Main

 

Parties to the main proceedings

 

Applicant: Georg Neidel

 

Defendant: Stadt Frankfurt am Main

 

Re:

 

Reference for a preliminary ruling - Verwaltungsgericht Frankfurt am Main - Interpretation of Article 7 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) - Entitlement to an allowance in lieu of paid annual leave not taken in full because of unfitness for service lasting for several years before retirement - Scope ratione personae of Directive 2003/88/EC - Public servants (firemen)

 

Operative part of the judgment

 

1. Article 7 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 applying to a public servant carrying out the activities of a fireman in normal circumstances.

 

2. Article 7(2) of Directive 2003/88 must be interpreted as meaning that a public servant is entitled, on retirement, to an allowance in lieu of paid annual leave not taken because he was prevented from working by sickness.

 

3. Article 7 of Directive 2003/88 must be interpreted as not precluding provisions of national law conferring on a public servant an entitlement to further paid leave in addition to the entitlement to a minimum paid annual leave of four weeks, which do not provide for the payment of an allowance in lieu if a public servant who is retiring has been unable to use that additional entitlement because he was prevented from working by sickness.

 

4. Article 7(2) of Directive 2003/88 must be interpreted as precluding a provision of national law which restricts, by a carry-over period of nine months on expiry of which the entitlement to paid annual leave lapses, the right of a public servant who is retiring to cumulate the allowances in lieu of paid annual leave not taken because he was unfit for service.

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1- OJ C 301, 6.11.2010.

 

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