The Right to Paid Annual Leave on Retirement

Posted in : Commercial Law for Employers on 9 August 2016
Kevin McVeigh
Elliott Duffy Garrett
Issues covered:

Key Issues: Social Policy – Right to Paid Annual Leave – Sick Leave - Request for a Preliminary Ruling
Case: Hans Maschek v Magistratsdirektion der Stadt Wien
Reference: Case C-341/15, CJEU (Tenth Chamber), 20 July 2016
Legislation: Directive 2003/88/EC

Mr Maschek was a public servant with the city of Vienna from 3 January 1978. Between 15 November 2010 and 30 June 2012, the date of his retirement, he did not report to his place of work. The referring court (Administrative Court of Vienna) states that it is apparent from Mr Maschek’s administrative file that his employer, in its records, classified as an “absence due to illness” only the period between 15 November 2010 and 31 December 2010.


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This article is correct at 09/08/2016

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.

Kevin McVeigh
Elliott Duffy Garrett

The main content of this article was provided by Kevin McVeigh. Contact telephone number is 028 9024 5034 or email

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