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Case C-689/22, Unione di Comuni Alta Marmilla: Order of the Court (Sixth Chamber) of 24 July 2024 (request for a preliminary ruling from the Tribunale di Oristano – Italy) – S. G. v Unione di Comuni Alta Marmilla (Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 2003/88/EC – Article 7(2) – 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 – Right to paid annual leave – Allowance in lieu of leave not taken paid at the end of the employment relationship – National legislation refusing payment of such an allowance to staff of public administrative authorities, including the managers of those administrative authorities)

ECLI:EU:UNKNOWN:62022CB0689

62022CB0689

July 24, 2024
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Official Journal of the European Union

C series

C/2024/6901

25.11.2024

(Case C-689/22,

Unione di Comuni Alta Marmilla)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 2003/88/EC - Article 7(2) - 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 - Right to paid annual leave - Allowance in lieu of leave not taken paid at the end of the employment relationship - National legislation refusing payment of such an allowance to staff of public administrative authorities, including the managers of those administrative authorities)

(C/2024/6901)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: S. G.

Defendant: Unione di Comuni Alta Marmilla

Operative part of the order

Article 7(2) 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 which, for reasons relating to the control of public expenditure, provides that a worker for a public administrative authority carrying out management duties may in no case receive an allowance in lieu of acquired paid annual leave not taken at the date on which the employment relationship ended on account of the retirement of that worker.

ELI: http://data.europa.eu/eli/C/2024/6901/oj

ISSN 1977-091X (electronic edition)

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