CJEU 22 May 2014, C‑539/12, Lock c/British Gas Trading Limited

The European Court of Justice noted that, during his four weeks' paid annual leave imposed by directive 2003/88, an employee has the right to maintenance of his customary remuneration.

If part of his prior remuneration comprises commission generated from sales, said commission must be incorporated in the amount of remuneration maintained during leave periods. However, the Court went further, adding that, when the employee returns from leave, when he had of course been unable to generate any commission, his remuneration must not be reduced to the level of his basic salary.