Under Article 7 of Directive 2003/88/EC on the organisation of working time, a worker who has been unable to take all of their paid annual leave entitlements before their employment relationship comes to an end, is entitled to receive financial compensation for any days of paid annual leave not taken. The Court of Justice therefore ruled that EU law is not compatible with legislation preventing an employee from being paid such compensation when they voluntarily terminate their employment relationship, in this particular case in order to take early retirement. EU law is compatible with the loss of this right only in cases where the worker has refrained from taking his or her paid annual leave deliberately, despite the employer encouraging them to do so and informing them that they risk losing this leave at the end of a reference period or authorised carry-over period (see press release).
CJEU: Case C-219/22, Comune di Copertino, 18 January 2024
Date of publication
18 janvier 2024
Available language
Anglais | Français | Allemand | Italien | Polonais | Espagnol
Country/countries concerned
Union européenne | Italie
Categories
Jurisprudence
Other IR Share Services
We are called upon to devise training programmes based on needs expressed by a number of companies; we publish analyses and create tailor-made training activities for groups, works councils, trade unions and law firms. Our most recent projects are described here
IR Notes
The IR Notes newsletter gives everyone in Europe access to an independent, reliable and impartial source of information on topics involving industrial relations.
IR Training
Members of the IR Share team are regularly called upon to devise training courses. We deliver these either directly or working together with partners, to ensure that the training is tailored to the exact needs expressed.
IR Research
As Eurofound’s National correspondent, IR Share provides information on working conditions, industrial relations and the labour market to support the EU institutions and bodies, Member States and social partners in shaping social Europe, as well as promoting social dialogue on the basis of comparative information and research.
IR Club
Since 2011, the European Works Councils Club has sought to co-construct the foundations of a European social dialogue that can meet the social and environmental challenges faced by transnational companies.
Get in Touch
Follow us on Social Media
