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, Pay
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 the holiday pay required by Article 7 of the Working Time Directive was intended to allow the

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 07/11/2018

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

The main content of this article was provided by John Taggart BL.

View all articles by John Taggart BL