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Case C-233/20: Judgment of the Court (Seventh Chamber) of 25 November 2021 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — WD v job-medium GmbH, in liquidation (Reference for a preliminary ruling — Social policy — Directive 2003/88/EC — Protection of the safety and health of workers — Article 7(1) — Right to an allowance in lieu of paid annual leave not taken before the end of the employment relationship — Early termination of the employment relationship by the employee)
ECLI:EU:UNKNOWN:62020CA0233
62020CA0233
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31.1.2022
Official Journal of the European Union
C 51/8
(Case C-233/20)
(Reference for a preliminary ruling - Social policy - Directive 2003/88/EC - Protection of the safety and health of workers - Article 7(1) - Right to an allowance in lieu of paid annual leave not taken before the end of the employment relationship - Early termination of the employment relationship by the employee)
(2022/C 51/09)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: WD
Defendant: job-medium GmbH, in liquidation
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, read in the light of Article 31(2) of the Charter of Fundamental Rights of the European Union must be interpreted as precluding a provision of national law under which no allowance is payable in lieu of paid annual leave not taken in respect of the current and last year of employment, where the worker unilaterally terminates the employment relationship early and without cause;
2.It is not necessary for the national court to verify whether the worker was unable to take the leave to which he or she was entitled.
(1) OJ C 297, 7.9.2020.