27.7.2013

Official Journal of the European Union

C 215/13

(Case C-316/13)

2013/C 215/17

Language of the case: French

Referring court

Parties to the main proceedings

Appellant in cassation: Gérard Fenoll

Respondents in cassation: Centre d’aide par le travail La Jouvene, Association de parents et d’amis de personnes handicapées mentales (APEI) d’Avignon

Questions referred

1.Must Article 3 of Directive 89/391/EEC, to which Article 1 of Directive 2003/88/EC of 4 November 2003, refers, be interpreted as meaning that a person placed in a work rehabilitation centre can be classified as a ‘worker’ within the meaning of that Article 3?

2.Must Article 31 of the Charter of Fundamental Rights of the European Union be interpreted as meaning that a person, such as described in the previous question, can be classified as a ‘worker’ within the meaning of that Article 31?

3.Can a person, such as described in the first question, rely directly on the rights conferred on her or him by the Charter in order to obtain an entitlement to paid leave if national legislation does not provide for any such entitlement, and must the national courts, in order to ensure that those rights are fully effective, set aside any contrary provision of national law?

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1).

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).