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ECJ judgment re working time and failure to apply for annual leave - Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu (2018) (C-684/16) [ECJ] 06.11.18 (Unreported)

Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — National legislation providing for the loss of annual leave not taken and of the allowance in lieu thereof where an application for leave has not been made by the worker prior to the termination of the employment relationship — Directive 2003/88/EC — Article 7 — Obligation to interpret national law in conformity with EU law — Charter of Fundamental Rights of the European Union — Article 31(2) — Whether it may be relied upon in a dispute between individuals. HELD that a worker could not automatically lose his acquired rights to paid annual leave because he did not apply for leave.

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Category: Employment » Holidays; Working time. Area(s) of law: Employment.

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