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Joined Cases C-518/20 and C-727/20: Judgment of the Court (First Chamber) of 22 September 2022 (requests for a preliminary ruling from the Bundesarbeitsgericht — Germany) — XP v Fraport AG Frankfurt Airport Services Worldwide (C-518/20) and AR v St. Vincenz-Krankenhaus GmbH (C-727/20) (Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Organisation of working time — Article 31(2) of the Charter of Fundamental Rights of the European Union — Directive 2003/88/EC — Article 7(1) — Right to paid annual leave — Total invalidity or incapacity for work due to illness occurring during a leave year — National legislation providing for the loss of entitlement to paid annual leave on expiry of a certain period — Employer’s obligation to enable the worker to exercise his or her right to paid annual leave)
ECLI:EU:UNKNOWN:62020CA0518
62020CA0518
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Official Journal of the European Union
C 424/5
(Joined Cases C-518/20 and C-727/20) (1)
(Reference for a preliminary ruling - Social policy - Protection of the safety and health of workers - Organisation of working time - Article 31(2) of the Charter of Fundamental Rights of the European Union - Directive 2003/88/EC - Article 7(1) - Right to paid annual leave - Total invalidity or incapacity for work due to illness occurring during a leave year - National legislation providing for the loss of entitlement to paid annual leave on expiry of a certain period - Employer’s obligation to enable the worker to exercise his or her right to paid annual leave)
(2022/C 424/05)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: XP (C-518/20), AR (C-727/20)
Defendants: Fraport AG Frankfurt Airport Services Worldwide (C-518/20), St. Vincenz-Krankenhaus GmbH (C-727/20)
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 under which the entitlement to paid annual leave, acquired by a worker during the leave year in the course of which that worker actually worked before finding him or herself in a state of total invalidity or incapacity for work due to illness which has persisted since, may lapse, either at the end of a carry-over period authorised under national law, or even at a later stage, where the employer has not, in good time, enabled the worker to exercise that entitlement.
(1) OJ C 19, 18.1.2021.
OJ C 169, 3.5.2021.