LB (Prescription du droit au conge annuel paye) (Social policy – Protection of the safety and health of workers - Right to paid annual leave - Judgment) [2022] EUECJ C-120/21 (22 September 2022)

LB (Prescription du droit au conge annuel paye) (Social policy – Protection of the safety and health of workers - Right to paid annual leave - Judgment) [2022] EUECJ C-120/21 (22 September 2022)

National legislation imposing a three-year limitation period on the right to paid annual leave is precluded by Article 7 of Directive 2003/88/EC and Article 31(2) of the Charter where the employer has not actually put the worker in a position to exercise that right; the employer cannot benefit from its own failure...

Source-derived case information.

Citation
[2022] EUECJ C-120/21
Parties
Worker/applicant: TO; Employer/respondent: LB
Jurisdiction
European Union
Judgment Date
22 September 2022
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference From National Court
Outcome
Reference answered; national legislation precluded in circumstances described.
Legal Topics
Paid Annual Leave, Limitation Periods, Employer Obligations, Workers' Rights, Directive 2003/88/ec, Charter of Fundamental Rights of the European Union
Labour Law European Union Law Paid Annual Leave Limitation Periods Employer Obligations Workers' Rights Directive 2003/88/ec Charter of Fundamental Rights of the European Union

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Parties

TO

Worker/applicant

LB

Employer/respondent

Procedural Posture

Preliminary Ruling (cjeu) / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether Article 7 of Directive 2003/88/EC and Article 31(2) of the Charter preclude national legislation imposing a three-year limitation period on the right to paid annual leave where the employer has not enabled the worker to exercise that right.

Ratio Decidendi

National legislation imposing a three-year limitation period on the right to paid annual leave is precluded by Article 7 of Directive 2003/88/EC and Article 31(2) of the Charter where the employer has not actually put the worker in a position to exercise that right; the employer cannot benefit from its own failure to comply with its obligations by invoking limitation periods.

Court Disposition

Reference answered; national legislation precluded in circumstances described.

Orders

  • Article 7 of Directive 2003/88/EC and Article 31(2) of the Charter preclude national legislation under which the right to paid annual leave is time-barred after three years where the employer has not enabled the worker to exercise that right.