7.6.2022

Official Journal of the European Union

C 222/17

(Case C-192/22)

(2022/C 222/28)

Language of the case: German

Referring court

Parties to the main proceedings

Appellant: FI

Respondent: Bayerische Motoren Werke AG

Questions referred

1.Do Article 7 of Directive 2003/88/EC (1) or Article 31(2) of the Charter of Fundamental Rights of the European Union 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 a worker’s entitlement to paid annual leave acquired during the work phase of a progressive retirement relationship but as yet unexercised is forfeited in the release phase at the end of the holiday year or at a later time? Should the Court of Justice answer Question 1 in the negative:

2.Do Article 7 of Directive 2003/88/EC or Article 31(2) of the Charter of Fundamental Rights of the European Union preclude an interpretation of a rule of national law such as Paragraph 7(3) BUrlG according to which the as yet unexercised entitlement to paid annual leave of a worker who, in the course of the holiday year, moves from the work phase to the release phase is forfeited at the end of the holiday year or at a later time if the employer — without having previously fulfilled its obligations to cooperate in the realisation of the leave entitlement — has granted the worker the entire annual leave in line with his or her application for a period immediately prior to the start of the release phase, but the leave entitlement could not be fulfilled — at least in part — because the worker became unfit for work due to illness after the leave was granted?

(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).