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Kreuziger v Land Berlin and Max-Planck-Gesellschaft v Shimizu [2018]

Posted In: Case Law
  • Case Reference
    CJEU C-619/16 and C-684/16
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Working Time and Leave, Pay and Conditions of Employment
Issues covered: Working Time Directive; Untaken Annual Leave; Time in Lieu; Due Diligence

The first appellant did not take any annual leave for the last 5 months of his employment and he requested an allowance in lieu of his accrued untaken annual leave. The request was refused.

The second appellant was invited by his employer to take his remaining leave, but he took only two days and requested payment of an allowance in lieu. This was also refused.

The ECJ was asked whether the right to an allowance in lieu of paid annual leave may be precluded where the employee failed to apply for the leave they were entitled to, although they had been in a position to do so.

The ECJ noted that

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This article is correct at 07/11/2018
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL
Barrister

The main content of this article was provided by John Taggart BL. Contact telephone number is 07525 020288 or email jtaggart11@qub.ac.uk

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