28.1.2012

Official Journal of the European Union

C 25/8

(Case C-214/10) (<span class="oj-super oj-note-tag">1</span>)

(Organisation of working time - Directive 2003/88/EC - Right to paid annual leave - Lapse of right to paid annual leave not taken because of illness on the expiry of a period laid down by national rules)

(2012/C 25/13)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: KHS AG

Defendant: Winfried Schulte

Re:

Reference for a preliminary ruling — Landesarbeitsgericht Hamm — 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) — Right to payment in lieu of untaken paid annual leave of a worker who could not exercise his right to paid annual leave, on account of sick leave, during the reference period and whose unfitness for work persisted for several years until the end of his employment relationship — Collective agreement allowing payment in lieu of paid annual leave which has not been taken to be made only at the end of the employment relationship and providing that entitlement to paid annual leave which has not been taken because of illness lapses 15 months after the end of the reference 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 not precluding national provisions or practices, such as collective agreements, which limit, by a carry-over period of 15 months on the expiry of which the right to paid annual leave lapses, the accumulation of entitlement to such leave of a worker who is unfit for work for several consecutive reference periods.

(<span class="oj-super">1</span>) OJ C 234, 28.8.2010.