Fraport (Opinion) French Text [2022] EUECJ C-518/20_O (17 March 2022)

Fraport (Opinion) French Text [2022] EUECJ C-518/20_O (17 March 2022)

National law cannot extinguish paid annual leave acquired during a reference period in which total invalidity or incapacity due to illness occurred, if the employer did not enable the worker to exercise that right before incapacity began; such rights must be preserved and either carried forward or compensated upon...

Source-derived case information.

Citation
[2022] EUECJ C-518/20_O
Parties
Applicant: XP; Respondent: Fraport AG Frankfurt Airport Services Worldwide; Applicant: AR; Respondent: St. Vincenz-Krankenhaus GmbH
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Opinion: National law extinguishing paid annual leave in these circumstances is contrary to EU law.
Legal Topics
Paid Annual Leave, Incapacity Due to Illness, Employer Obligations, Directive 2003/88, Charter of Fundamental Rights
European Union Law Labour Law Social Policy Paid Annual Leave Incapacity Due to Illness Employer Obligations Directive 2003/88 Charter of Fundamental Rights

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Parties

XP

Applicant

Fraport AG Frankfurt Airport Services Worldwide

Respondent

AR

Applicant

St. Vincenz-Krankenhaus GmbH

Respondent

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Whether national law can extinguish paid annual leave acquired during a reference period in which total invalidity or incapacity due to illness occurred, if the employer did not enable the worker to exercise that right before incapacity began
  2. 2 Whether the extinction of such rights is permissible after a longer period if incapacity persists

Ratio Decidendi

National law cannot extinguish paid annual leave acquired during a reference period in which total invalidity or incapacity due to illness occurred, if the employer did not enable the worker to exercise that right before incapacity began; such rights must be preserved and either carried forward or compensated upon termination.

Court Disposition

Opinion: National law extinguishing paid annual leave in these circumstances is contrary to EU law.

Orders

  • Leave rights must be preserved if employer failed to enable exercise before incapacity.
  • Upon return to work or termination, unused leave must be carried forward or compensated.