Judgment of the Court of Justice of the EC in joined Cases Schultz-Hoff/Deutsche Rentenversicherung Bund and Stringer and Others/Her Majesty’s Revenue and Customs (C-350/06 and C-520/06) on social policy

Type: Report   Reference: I-060238   Duration: 10:39:36  Lieu:
End production: 20/01/2009   First transmission: 20/01/2009
On 20 January 2009, the Luxembourg-based Court of Justice of the EC gave its ruling in joined Cases Schultz-Hoff/Deutsche Rentenversicherung Bund and Stringer and Others/Her Majesty's Revenue and Customs (C-350/06 and C-520/06) on social policy.

Only the original language version is authentic and it prevails in the event of its differing from the translated versions.
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TIME DESCRIPTION DURATION
10:39:07 Title 00:00:04
10:39:12 Exterior view of the court room (2 shots) 00:00:17
10:39:29 Judges entering the court room 00:00:07
10:39:36 Egils Levits, Judge at the Court of Justice of the EC, (in ENGLISH and then in GERMAN) reading the judgment of the Court of Justice of the EC in the joined Cases Schultz-Hoff/Deutsche Rentenversicherung Bund and Stringer and Others/Her Majesty's Revenue and Customs (C-350/06 and C-520/06) on social policy: the Court (Grand Chamber) hereby rules: 1. Article 7(1) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time must be interpreted as not precluding national legislation or practices according to which a worker on sick leave is not entitled to take paid annual leave during that sick leave. 2. Article 7(1) of Directive 2003/88 must be interpreted as precluding national legislation or practices which provide that the right to paid annual leave is extinguished at the end of the leave year and/or of a carry-over period laid down by national law even where the worker has been on sick leave for the whole or part of the leave year and where his incapacity to work has persisted until the end of his employment relationship, which was the reason why he could not exercise his right to paid annual leave. 3. Article 7(2) of Directive 2003/88 must be interpreted as precluding national legislation or practices which provide that, on termination of the employment relationship, no allowance in lieu of paid annual leave not taken is to be paid to a worker who has been on sick leave for the whole or part of the leave year and/or of a carry-over period, which was the reason why he could not exercise his right to paid annual leave. For the calculation of the allowance in lieu, the worker's normal remuneration, which is that which must be maintained during the rest period corresponding to the paid annual leave, is also decisive. 00:05:37
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