25.8.2014

Official Journal of the European Union

C 282/11

(Case C-118/13) (<span class="super">1</span>)

((Request for a preliminary ruling - Social policy - Directive 2003/88/EC - Organisation of working time - Paid annual leave - Allowance in lieu in the event of death))

2014/C 282/15

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Gülay Bollacke

Defendant: K + K Klaas & Kock B.V. & Co. KG

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 must be interpreted as precluding national legislation or practice, such as those at issue in the main proceedings, which provide that the entitlement to paid annual leave is lost without conferring entitlement to an allowance in lieu of leave outstanding, where the employment relationship is terminated by the death of the worker. Receipt of such an allowance is not to be dependent on a prior application by the interested party.

(<span class="note">1</span>) OJ C 171, 15.6.2013.

* Language of the case: German