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Case C-57/22, Ředitelství silnic a dálnic: Judgment of the Court (Sixth Chamber) of 12 October 2023 (request for a preliminary ruling from the Nejvyšší soud — Czech Republic) — YQ v Ředitelství silnic a dálnic ČR (Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Organisation of working time — Directive 2003/88/EC — Article 7(1) — Right to paid annual leave — Worker unlawfully dismissed and then reinstated in his or her employment by decision of a court — Exclusion from the right to paid annual leave not taken for the period between the dismissal and the reinstatement — Period between the date of dismissal and the date of the reinstatement)
ECLI:EU:UNKNOWN:62022CA0057
62022CA0057
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Official Journal of the European Union
Series C
C/2023/934
27.11.2023
(Case C-57/22, (1) Ředitelství silnic a dálnic)
(Reference for a preliminary ruling - Social policy - Protection of the safety and health of workers - Organisation of working time - Directive 2003/88/EC - Article 7(1) - Right to paid annual leave - Worker unlawfully dismissed and then reinstated in his or her employment by decision of a court - Exclusion from the right to paid annual leave not taken for the period between the dismissal and the reinstatement - Period between the date of dismissal and the date of the reinstatement)
(C/2023/934)
Language of the case: Czech
Referring court
Parties to the main proceedings
Applicant: YQ
Defendant: Ředitelství silnic a dálnic ČR
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 precluding national case-law by virtue of which a worker who was unlawfully dismissed and then reinstated in his or her employment, in accordance with national law, following the annulment of his or her dismissal by a decision of a court, is not entitled to paid annual leave for the period between the date of the dismissal and the date of his or her reinstatement in his or her employment on the ground that, during that period, that worker did not actually carry out work for the employer as the latter did not assign him or her work and as he or she is already entitled, under national law, to wage compensation during that period.
(1) OJ C 207, 23.5.2022.
ELI: http://data.europa.eu/eli/C/2023/934/oj
ISSN 1977-091X (electronic edition)