Welcome to the European Employment Law Cases (EELC), an online database of judgments of national courts, the European Court of Justice and the European Court of Human Rights in the field of employment law. In addition to case law, we also bring you the occasional articles and news items. For more information, please click here.
ECJ 6 November 2018, joined cases C-569/16 (Bauer) and C-570/16 (Willmeroth), paid leaveHeirs of a deceased worker are entitled to allowance in lieu of untaken paid annual leave. Based on the EU Charter of Fundamental Rights, this applies between individuals as well. Stadt Wuppertal – v – Maria Elisabeth Bauer and Volker Willmeroth – v – Martina Broßonn, German case
ECJ 6 November 2018, C-684/16 (Max-Planck-Geschellschaft), paid leaveA worker does not automatically lose the right to annual leave because s/he did not apply for it. The employer must have informed the employee about the opportunity to take the leave adequately and in a timely way, and must be able to prove it. Based on the EU Charter of Fundamental Rights, this applies between individuals as well. Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. – v – Tetsuji Shimizu, German case
ECJ 4 October 2018, C-12/17 (Dicu), Maternity and parental leave, paid leave (RO)A period of parental leave does not count within the reference period for the purpose of determining an employee’s right to annual leave under Directive 2003/88/EC. Tribunalul Botoşani, Ministerul Justiţiei – v – Maria Dicu, Romanian case