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Valentina R., lawyer
(Case C-519/09) (<span class="super">1</span>)
(Article 104(3), first subparagraph, of the Rules of Procedure - Social policy - Organisation of working time - Directive 2003/88/EC - Scope ratione personae - Annual leave coinciding with sick leave - Compensation payment in respect of sickness - Concept of worker - Employees subject to the regulations concerning annual leave of public servants (‘Dienstordnungsangestellte’))
2011/C 211/10
Language of the case: German
Arbeitsgericht Wuppertal (Germany)
Applicant: Dieter May
Defendant: AOK Rheinland/Hamburg — Die Gesundheitskasse
Reference for a preliminary ruling — Arbeitsgericht Wuppertal — Interpretation of Articles 1(3) and 7(1) and (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 (OJ 2003 L 299, p. 9) — Entitlement to a compensatory payment for annual leave that has not been taken in full because of illness — Scope ratione personae of Directive 2003/88/EC — Employees of social security institutions performing tasks comparable to those of the public service and who are subject to the working-time rules of public servants (‘Dienstordnungsangestellte’).
Article 7(1) and (2) of Directive 2003/88 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 meaning that the concept of ‘worker’ includes an employee of a public-law body in the social security sector subject to, in particular as regards their entitlement to paid annual leave, rules applicable to public servants.
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(<span class="super">1</span>) OJ C 80, 27.3.2010.