EN

Official Journal of the European Union

C 19/18

Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 16 October 2020 — XP v St. Vincenz-Krankenhaus GmbH

(Case C-518/20)

(2021/C 19/24)

Language of the case: German

Referring court

Parties to the main proceedings

Appellant on a point of law: XP

Respondent in the appeal on a point of law: St. Vincenz-Krankenhaus GmbH

Questions referred

1.Do Article 7 of Directive 2003/88 and Article 31(2) of the Charter preclude an interpretation of a rule of national law such as Paragraph 7(3) of the German Bundesurlaubsgesetz (Federal Law on leave; ‘the BUrIG’) according to which the as yet unexercised entitlement to paid annual leave of a worker who suffers, on health grounds, a full reduction of earning capacity in the course of the leave year, but who could still have taken — at least some of — the leave in the leave year before the onset of his reduction of earning capacity, lapses 15 months after the end of the leave year in the event of a continuing uninterrupted reduction of earning capacity even if the employer has not actually enabled the worker to exercise his leave entitlement by informing him of the leave concerned and inviting him to take it?

2.If Question 1 is answered in the affirmative: Under these conditions, is it also impossible for the entitlement to lapse at a later point in time in cases where a full reduction of earning capacity persists?

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).