Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. v Shimizu

European Union – Employment. Article 7 of Directive (EC) 2003/88 and art 31(2) of the Charter of Fundamental Rights of the European Union should be interpreted as precluding national legislation, under which, in the event that the worker had not asked to exercise his right to paid annual leave during the reference period concerned, that worker lost, at the end of that period the days of paid annual leave acquired under those provisions in respect of that period, and, accordingly, his right to an allowance in lieu of paid annual leave not taken in the event that the employment relationship was terminated. It was for the referring court to determine, taking into consideration the whole body of domestic law and applying the interpretative methods recognised by it, whether it could arrive at an interpretation of that right capable of ensuring the full effectiveness of EU law. The Court of Justice of the European Union so held, among other things, in proceedings concerning the employer company's refusal to pay the employee an allowance in lieu of paid annual leave not taken before the termination of the employment relationship between them.

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