EN

Official Journal of the European Union

C 297/22

(Case C-217/20)

(2020/C 297/30)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: XXXX

Defendant: Staatssecretaris van Financiën

Questions referred

1.Must Article 17(1) of Directive 2003/88/EC (1) of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time be interpreted as meaning that a worker does not lose his remuneration, or part thereof, because he exercises his right to annual leave? Or should that provision be interpreted as meaning that a worker retains his remuneration while exercising his right to annual leave, irrespective of the reason for not working during the leave period?

2.Must Article 7(1) of Directive 2003/88 … be interpreted as precluding national provisions and practices whereby a worker who is incapacitated for work due to illness, when taking his annual leave, retains his remuneration at the level it was immediately prior to his taking annual leave, even if, on account of the long duration of his incapacity for work, that remuneration is lower than that paid in the event of full fitness for work?

3.Must the entitlement of every worker to paid annual leave under Article 7 of Directive 2003/88 … and under settled EU case-law be interpreted as meaning that reducing that remuneration during leave taken during incapacity for work runs counter to that entitlement?

(1) OJ 2003 L 299, p. 9.