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Case C-209/15: Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 6 May 2015 — Korpschef van politie v W.F. de Munk
ECLI:EU:UNKNOWN:62015CN0209
62015CN0209
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Valentina R., lawyer
3.8.2015
Official Journal of the European Union
C 254/6
(Case C-209/15)
(2015/C 254/08)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Appellant: Korpschef van politie
Respondent: W.F. de Munk
Questions referred
1.Must Article 7 of Directive 2003/88/EC be interpreted as meaning that it cannot be reconciled with a national provision such as Article 19 of the Besluit algemene rechtspositie politie (Decree on the general legal status of the police) (‘the Barp’), under which a public servant who has been wrongly dismissed does not accumulate any leave hours during the period between the date of dismissal and the date of reinstatement of the employment relationship, or the date on which the employment relationship is finally validly terminated?
2.If it follows from Question 1 that leave hours were indeed accumulated during the period at issue, must Article 7 of Directive 2003/88/EC then be interpreted as meaning that it cannot be reconciled with Article 23 of the Barp, which provides that at the end of the reference year only a limited number of leave hours may be carried over to the following year and the remaining unused leave hours expire?
Directive 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).
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