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Case C-277/08: Judgment of the Court (First Chamber) of 10 September 2009 (reference for a preliminary ruling from the Juzgado de lo Social de Madrid (Spain)) — Francisco Vicente Pereda v Madrid Movilidad SA (Directive 2003/88/EC — Organisation of working time — Entitlement to paid annual leave — Sick leave — Annual leave coinciding with sick leave — Entitlement to take annual leave at another time)
ECLI:EU:UNKNOWN:62008CA0277
62008CA0277
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Official Journal of the European Union
C 267/20
(Case C-277/08) (1)
(Directive 2003/88/EC - Organisation of working time - Entitlement to paid annual leave - Sick leave - Annual leave coinciding with sick leave - Entitlement to take annual leave at another time)
2009/C 267/35
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Francisco Vicente Pereda
Defendant: Madrid Movilidad SA
Re:
Reference for a preliminary ruling — Juzgado de lo Social de Madrid — Interpretation 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) — Employee on sick leave during the period of annual leave allocated by the undertaking as a result of an accident at work which happened before that period of leave began — Right of the worker to take his annual leave during a different period
Operative part of the judgment
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 precluding national provisions or collective agreements which provide that a worker who is on sick leave during a period of annual leave scheduled in the annual leave planning schedule of the undertaking which employs him does not have the right, after his recovery, to take his annual leave at a time other than that originally scheduled, if necessary outside the corresponding reference period.
(1) OJ C 223, 30.8.2008.