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Case C-120/21: Judgment of the Court (Sixth Chamber) of 22 September 2022 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — LB v TO (Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Organisation of working time — Article 31(2) of the Charter of Fundamental Rights of the European Union — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Allowance in lieu of leave not taken after the termination of the employment relationship — Three-year limitation period — Starting point — Adequate information provided to the worker)
ECLI:EU:UNKNOWN:62021CA0120
62021CA0120
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Official Journal of the European Union
C 424/9
(Case C-120/21) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Social policy - Protection of the safety and health of workers - Organisation of working time - Article 31(2) of the Charter of Fundamental Rights of the European Union - Directive 2003/88/EC - Article 7 - Right to paid annual leave - Allowance in lieu of leave not taken after the termination of the employment relationship - Three-year limitation period - Starting point - Adequate information provided to the worker)
(2022/C 424/09)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant in the appeal on a point of law: LB
Respondent in the appeal on a point of law: TO
Operative part of the judgment
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 and Article 31(2) of the Charter of Fundamental Rights of the European Union
must be interpreted as precluding national legislation under which the right to paid annual leave acquired by a worker in respect of a given reference period is time-barred after a period of three years which begins to run at the end of the year in which that right arose, where the employer has not actually put the worker in a position to exercise that right.
Language of the case: German.