6.11.2010

Official Journal of the European Union

C 301/4

(Case C-337/10)

()

2010/C 301/05

Language of the case: German

Referring court

Parties to the main proceedings

Claimant: Georg Neidel

Defendant: Stadt Frankfurt am Main

Questions referred

1.Does Article 7 of Directive 2003/88/EC (1) also apply to the employment relationships of public servants?

2.Does Article 7(1) of Directive 2003/88/EC also cover entitlements to annual leave where national law provides for such an entitlement of more than four weeks?

3.Does Article 7(1) of Directive 2003/88/EC also apply to entitlements to leave of absence granted under national law in addition to annual leave in compensation for work performed on public holidays owing to the irregular distribution of working time?

4.Can a public servant who has retired base an entitlement to payment in lieu of annual leave directly on Article 7(2) of Directive 2003/88/EC if he has been prevented from working by sickness and has not therefore been able to take leave in the form of leave of absence from work?

5.Can such an entitlement to payment in lieu be at least partly precluded by the premature forfeiture of entitlement to leave prescribed in national law?

6.Does the scale of the entitlement to payment in lieu based on Article 7(2) of Directive 2003/88/EC extend only to the minimum leave of four weeks guaranteed by Article 7(1) of Directive 2003/88/EC, or does the entitlement to a payment in lieu also extend to the additional leave entitlements for which national law provides? Do those extended leave entitlements also include entitlements to leave of absence arising solely from a particular distribution of working time?

(1) 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)