British Airways plc v Williams and others

British Airways plc v Williams and others

The Supreme Court determined that the meaning of 'paid annual leave' under the Aviation Directive and Regulations is not acte clair and requires interpretation by the Court of Justice of the European Union, particularly regarding whether payment must correspond to normal or comparable remuneration and how this is assessed when remuneration includes variable components subject to annual limits.

Parties
Respondent: British Airways plc; Appellants: Williams and others
Jurisdiction
England and Wales
Judgment Date
24 March 2010
Procedural Posture
Appeal / Reference to the Court of Justice of the European Union From the UK Supreme Court
Outcome
Reference to the Court of Justice of the European Union for a preliminary ruling.
Legal Topics
Paid Annual Leave, Remuneration Calculation, Aviation Employment, Directive Interpretation
Employment Law European Union Law Paid Annual Leave Remuneration Calculation Aviation Employment Directive Interpretation

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Parties

British Airways plc

Respondent

Williams and others

Appellants

Procedural Posture

Appeal / Reference to the Court of Justice of the European Union From the UK Supreme Court

Legal Issues

  1. 1 What is the required nature and level of payment for paid annual leave under the Aviation Directive and Regulations?
  2. 2 To what extent may Member States determine the calculation of such payments?
  3. 3 Does 'paid annual leave' require payment of normal or comparable remuneration, and how is this assessed when remuneration includes variable components subject to annual limits?

Ratio Decidendi

The Supreme Court determined that the meaning of 'paid annual leave' under the Aviation Directive and Regulations is not acte clair and requires interpretation by the Court of Justice of the European Union, particularly regarding whether payment must correspond to normal or comparable remuneration and how this is assessed when remuneration includes variable components subject to annual limits.

Court Disposition

Reference to the Court of Justice of the European Union for a preliminary ruling.

Orders

  • Questions referred to the Court of Justice of the European Union as set out in paragraph 30.