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Case C-218/22, Comune di Copertino: Judgment of the Court (First Chamber) of 18 January 2024 (request for a preliminary ruling from the Tribunale di Lecce — Italy) — BU v Comune di Copertino (Reference for a preliminary ruling — Social policy — Directive 2003/88/EC — Article 7 — Article 31(2) of the Charter of Fundamental Rights of the European Union — Allowance in lieu of days of leave not taken at the end of the employment relationship — National legislation prohibiting payment of that allowance in the event of the voluntary resignation of a public servant — Control of public expenditure — Organisational needs of the public employer)
ECLI:EU:UNKNOWN:62022CA0218
62022CA0218
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Official Journal of the European Union
Series C
C/2024/1655
(Case C-218/22, (1) Comune di Copertino)
(Reference for a preliminary ruling - Social policy - Directive 2003/88/EC - Article 7 - Article 31(2) of the Charter of Fundamental Rights of the European Union - Allowance in lieu of days of leave not taken at the end of the employment relationship - National legislation prohibiting payment of that allowance in the event of the voluntary resignation of a public servant - Control of public expenditure - Organisational needs of the public employer)
(C/2024/1655)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: BU
Defendant: Comune di Copertino
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 which, for reasons relating to the control of public expenditure and the organisational needs of the public employer, prohibits the payment to a worker of an allowance in lieu of the days of paid annual leave acquired, during both the last year of employment and previous years, which were not taken at the date on which the employment relationship ended, where that worker voluntarily terminates that employment relationship and has not shown that he or she had not taken his or her leave during that employment relationship for reasons beyond his or her control.
ELI: http://data.europa.eu/eli/C/2024/1655/oj
ISSN 1977-091X (electronic edition)
* Language of the case: Italian.