{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:62022cj0271","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:62022cj0271)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-11","fingerprint":"ewai:eu:20b464","proof":"sha256:b2381c0b9a6fa2a783f0d3af17d48b79c5653416a3a3a59a26ec0312b61166d7","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:62022cj0271","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"62022CJ0271","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (First Chamber)","paragraphs":[]},{"title":"9 November 2023 (\n *1\n )","paragraphs":["para_4","para_5","para_6","para_7","para_8","para_9","para_10"]},{"title":"NW (C‑275/22)","paragraphs":["para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22","para_23","para_24","para_25","para_26","para_27","para_28","para_29","para_30","para_31"]},{"title":"Judgment","paragraphs":[]},{"title":"1","paragraphs":["para_34"]},{"title":"2","paragraphs":["para_36"]},{"title":"Legal context","paragraphs":[]},{"title":"European Union law","paragraphs":[]},{"title":"3","paragraphs":[]},{"title":"Article 7 of Directive 2003/88, entitled ‘Annual leave’, states as follows:","paragraphs":["para_41","para_42"]},{"title":"French law","paragraphs":[]},{"title":"4","paragraphs":["para_45"]},{"title":"5","paragraphs":[]},{"title":"Article L. 3141-5 of that code reads as follows:","paragraphs":["para_48"]},{"title":"1° periods of paid leave;","paragraphs":["para_50","para_51","para_52"]},{"title":"6","paragraphs":[]},{"title":"Article L. 3245-1 of that code provides:","paragraphs":["para_55"]},{"title":"7","paragraphs":[]},{"title":"Article D. 3141-7 of that code states:","paragraphs":["para_58"]},{"title":"The disputes in the main proceedings and the questions referred for a preliminary ruling","paragraphs":[]},{"title":"8","paragraphs":["para_61"]},{"title":"9","paragraphs":["para_63"]},{"title":"10","paragraphs":["para_65"]},{"title":"11","paragraphs":["para_67"]},{"title":"12","paragraphs":["para_69"]},{"title":"13","paragraphs":["para_71"]},{"title":"14","paragraphs":["para_73"]},{"title":"15","paragraphs":["para_75","para_76","para_77"]},{"title":"(2)","paragraphs":["para_79"]},{"title":"(3)","paragraphs":["para_81"]},{"title":"Consideration of the questions referred","paragraphs":[]},{"title":"The first question","paragraphs":[]},{"title":"16","paragraphs":["para_85"]},{"title":"17","paragraphs":["para_87"]},{"title":"18","paragraphs":["para_89"]},{"title":"19","paragraphs":["para_91"]},{"title":"20","paragraphs":["para_93"]},{"title":"21","paragraphs":["para_95"]},{"title":"22","paragraphs":["para_97"]},{"title":"23","paragraphs":["para_99"]},{"title":"24","paragraphs":["para_101"]},{"title":"25","paragraphs":["para_103"]},{"title":"26","paragraphs":["para_105"]},{"title":"27","paragraphs":["para_107"]},{"title":"28","paragraphs":["para_109"]},{"title":"The second question","paragraphs":[]},{"title":"29","paragraphs":["para_112"]},{"title":"30","paragraphs":["para_114"]},{"title":"31","paragraphs":["para_116"]},{"title":"32","paragraphs":["para_118"]},{"title":"33","paragraphs":["para_120"]},{"title":"The third question","paragraphs":[]},{"title":"34","paragraphs":["para_123"]},{"title":"Admissibility","paragraphs":[]},{"title":"35","paragraphs":["para_126"]},{"title":"36","paragraphs":["para_128"]},{"title":"37","paragraphs":["para_130"]},{"title":"38","paragraphs":["para_132"]},{"title":"39","paragraphs":["para_134"]},{"title":"40","paragraphs":["para_136"]},{"title":"41","paragraphs":["para_138"]},{"title":"Substance","paragraphs":[]},{"title":"42","paragraphs":["para_141"]},{"title":"43","paragraphs":["para_143"]},{"title":"44","paragraphs":["para_145"]},{"title":"45","paragraphs":["para_147"]},{"title":"46","paragraphs":["para_149"]},{"title":"47","paragraphs":["para_151"]},{"title":"48","paragraphs":["para_153"]},{"title":"49","paragraphs":["para_155"]},{"title":"50","paragraphs":["para_157"]},{"title":"51","paragraphs":["para_159"]},{"title":"52","paragraphs":["para_161"]},{"title":"53","paragraphs":["para_163"]},{"title":"Costs","paragraphs":[]},{"title":"54","paragraphs":["para_166"]},{"title":"On those grounds, the Court (First Chamber) hereby rules:","paragraphs":["para_168","para_169","para_170","para_171","para_172","para_173"]}],"paragraphs":[{"text":"62022CJ0271","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (First Chamber)","paragraph_id":"para_2"},{"text":"9 November 2023 (\n *1\n )","paragraph_id":"para_3"},{"text":"(Reference for a preliminary ruling – Social policy – Organisation of working time – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Carry-over of entitlements to paid annual leave in the event of long-term illness – Charter of Fundamental Rights of the European Union – Article 31(2))","paragraph_id":"para_4"},{"text":"In Joined Cases C‑271/22 to C‑275/22,","paragraph_id":"para_5"},{"text":"FIVE REQUESTS for a preliminary ruling under Article 267 TFEU from the conseil de prud’hommes d’Agen (Labour Tribunal, Agen, France), made by decisions of 14 February 2022, received at the Court on 21 April 2022, in the proceedings,","paragraph_id":"para_6"},{"text":"XT (C‑271/22),","paragraph_id":"para_7"},{"text":"KH (C‑272/22),","paragraph_id":"para_8"},{"text":"BX (C‑273/22),","paragraph_id":"para_9"},{"text":"FH (C‑274/22),","paragraph_id":"para_10"},{"text":"NW (C‑275/22)","paragraph_id":"para_11"},{"text":"v","paragraph_id":"para_12"},{"text":"Keolis Agen SARL,","paragraph_id":"para_13"},{"text":"intervening parties:","paragraph_id":"para_14"},{"text":"Syndicat national des transports urbains SNTU-CFDT,","paragraph_id":"para_15"},{"text":"THE COURT (First Chamber),","paragraph_id":"para_16"},{"text":"composed of A. Arabadjiev, President of the Chamber, T. von Danwitz (Rapporteur), P.G. Xuereb, A. Kumin and I. Ziemele, Judges,","paragraph_id":"para_17"},{"text":"Advocate General: T. Ćapeta,","paragraph_id":"para_18"},{"text":"Registrar: A. Calot Escobar,","paragraph_id":"para_19"},{"text":"having regard to the written procedure,","paragraph_id":"para_20"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_21"},{"text":"–","paragraph_id":"para_22"},{"text":"XT, KH, BX, FH, NW, by E. Delgado, avocate,","paragraph_id":"para_23"},{"text":"–","paragraph_id":"para_24"},{"text":"Keolis Agen SARL, by J. Daniel, avocat,","paragraph_id":"para_25"},{"text":"–","paragraph_id":"para_26"},{"text":"the French Government, by A. Daniel, B. Herbaut and N. Vincent, acting as Agents,","paragraph_id":"para_27"},{"text":"–","paragraph_id":"para_28"},{"text":"the European Commission, by D. Martin and D. Recchia, acting as Agents,","paragraph_id":"para_29"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 23 March 2023,","paragraph_id":"para_30"},{"text":"gives the following","paragraph_id":"para_31"},{"text":"Judgment","paragraph_id":"para_32"},{"text":"1","paragraph_id":"para_33"},{"text":"These requests for a preliminary ruling concern the interpretation of Article 7 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 ( OJ 2003 L 299, p. 9 ) and of Article 31(2) of the Charter of Fundamental Rights of the European Union (‘the Charter’).","paragraph_id":"para_34"},{"text":"2","paragraph_id":"para_35"},{"text":"The requests have been made in proceedings between XT, KH, BX, FH and NW, the applicants in the main proceedings, and Keolis Agen SARL concerning the latter’s refusal to allow them to take accrued days of leave which they were unable to take because of absences from work due to illness or to pay them the allowance in lieu of leave not taken after the end of their employment relationship.","paragraph_id":"para_36"},{"text":"Legal context","paragraph_id":"para_37"},{"text":"European Union law","paragraph_id":"para_38"},{"text":"3","paragraph_id":"para_39"},{"text":"Article 7 of Directive 2003/88, entitled ‘Annual leave’, states as follows:","paragraph_id":"para_40"},{"text":"‘1.   Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.","paragraph_id":"para_41"},{"text":"2.   The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.’","paragraph_id":"para_42"},{"text":"French law","paragraph_id":"para_43"},{"text":"4","paragraph_id":"para_44"},{"text":"In accordance with Article L. 3141-3 of the Labour Code, an employee is entitled to leave of two and a half working days for each month of actual work for the same employer.","paragraph_id":"para_45"},{"text":"5","paragraph_id":"para_46"},{"text":"Article L. 3141-5 of that code reads as follows:","paragraph_id":"para_47"},{"text":"‘The following shall be regarded as periods of actual work for the purpose of determining the duration of leave:","paragraph_id":"para_48"},{"text":"1° periods of paid leave;","paragraph_id":"para_49"},{"text":"…","paragraph_id":"para_50"},{"text":"5° periods of an uninterrupted duration not exceeding one year during which performance of the contract of employment is suspended owing to a work-related accident or occupational disease;","paragraph_id":"para_51"},{"text":"…’","paragraph_id":"para_52"},{"text":"6","paragraph_id":"para_53"},{"text":"Article L. 3245-1 of that code provides:","paragraph_id":"para_54"},{"text":"‘The limitation period for an action for payment or recovery of salary shall be three years from the day on which the claimant knew or should have known the facts enabling him or her to bring that action. The claim may relate to the sums due in respect of the last three years from that day or, if the employment contract is terminated, to the sums due in respect of the three years preceding the termination of the contract.’","paragraph_id":"para_55"},{"text":"7","paragraph_id":"para_56"},{"text":"Article D. 3141-7 of that code states:","paragraph_id":"para_57"},{"text":"‘Payment of remuneration due in respect of paid leave shall be subject to the rules laid down in Book II for the payment of wages.’","paragraph_id":"para_58"},{"text":"The disputes in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_59"},{"text":"8","paragraph_id":"para_60"},{"text":"Keolis Agen is a private company that holds a public service delegation in the public passenger transport sector.","paragraph_id":"para_61"},{"text":"9","paragraph_id":"para_62"},{"text":"Some of the applicants in the main proceedings have permanent employment contracts with that company, while others had such contracts before being declared unfit for work and having their employment contracts terminated.","paragraph_id":"para_63"},{"text":"10","paragraph_id":"para_64"},{"text":"During the period of their respective employment contracts, the applicants in the main proceedings were absent from work due to illness for over a year. They therefore requested Keolis Agen to grant them the days of paid annual leave that they were not able to take during their respective periods of …","paragraph_id":"para_65"},{"text":"11","paragraph_id":"para_66"},{"text":"Keolis Agen refused those applications on the basis of Article L. 3141-5 of the Labour Code, on the ground that the absences from work at issue in the main proceedings lasted for over a year and were not caused by an occupational disease.","paragraph_id":"para_67"},{"text":"12","paragraph_id":"para_68"},{"text":"Taking the view that that refusal was contrary to EU law and, in particular, to Article 7(1) of Directive 2003/88 and Article 31(2) of the Charter, the applicants in the main proceedings brought an action before the conseil de prud’hommes d’Agen (Labour Tribunal, Agen, France), which is the referring court in the present cases.","paragraph_id":"para_69"},{"text":"13","paragraph_id":"para_70"},{"text":"The referring court is uncertain, first, whether the applicants in the main proceedings may rely on the right to paid annual leave referred to in Article 7(1) of Directive 2003/88 with respect to Keolis Agen, namely a private undertaking holding a public service delegation.","paragraph_id":"para_71"},{"text":"14","paragraph_id":"para_72"},{"text":"Secondly, the referring court states that national law does not expressly provide for a carry-over period for entitlement to paid annual leave accrued during a long-term absence from work due to illness. That court notes that, according to the Court’s case-law and, in particular, the case-law stemmi …","paragraph_id":"para_73"},{"text":"15","paragraph_id":"para_74"},{"text":"In those circumstances the conseil de prud’hommes d’Agen (Labour Tribunal, Agen) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_75"},{"text":"‘(1)","paragraph_id":"para_76"},{"text":"Must Article 7(1) of [Directive 2003/88] be interpreted as being directly applicable in relations between a private transport operator, with a single public service delegation, and its employees, in the light, in particular, of the liberalisation of the rail passenger transport sector?","paragraph_id":"para_77"},{"text":"(2)","paragraph_id":"para_78"},{"text":"What is a reasonable carry-over period in respect of the acquired entitlement to four weeks’ paid annual leave within the meaning of Article 7(1) of [Directive 2003/88], in so far as the time during which annual leave may be accrued is one year?","paragraph_id":"para_79"},{"text":"(3)","paragraph_id":"para_80"},{"text":"Is the application of an unlimited carry-over period in the absence of a provision of national law, a regulation or convention governing that period contrary to Article 7(1) of [Directive 2003/88]?’","paragraph_id":"para_81"},{"text":"Consideration of the questions referred","paragraph_id":"para_82"},{"text":"The first question","paragraph_id":"para_83"},{"text":"16","paragraph_id":"para_84"},{"text":"By its first question, the referring court asks, in essence, whether Article 7 of Directive 2003/88 must be interpreted as meaning that a worker may rely on the right to paid annual leave against his or her employer, even if the employer is a private undertaking holding a public service delegation.","paragraph_id":"para_85"},{"text":"17","paragraph_id":"para_86"},{"text":"As a preliminary point, it should be borne in mind that Article 7 of Directive 2003/88 is not, in principle, intended to be invoked in a dispute between individuals (see, to that effect, judgment of 26 March 2015, Fenoll, C‑316/13 , EU:C:2015:200 , paragraph  48 ).","paragraph_id":"para_87"},{"text":"18","paragraph_id":"para_88"},{"text":"However, it is settled case-law that that provision reflects and gives concrete expression to the fundamental right to an annual period of paid leave, enshrined in Article 31(2) of the Charter (see, to that effect, judgment of 22 September 2022, Fraport and St. Vincenz-Krankenhaus, C‑518/20 and C‑727/20 , EU:C:2022:707 , paragraph  26 and the case-law cited).","paragraph_id":"para_89"},{"text":"19","paragraph_id":"para_90"},{"text":"Consequently, it is necessary to examine the first question not only in the light of Article 7 of Directive 2003/88, but also in the light of Article 31(2) of the Charter.","paragraph_id":"para_91"},{"text":"20","paragraph_id":"para_92"},{"text":"It should be borne in mind that, as is clear from the very wording of Article 7(1) of Directive 2003/88, every worker is entitled to paid annual leave of at least four weeks. That right to paid annual leave must be regarded as a particularly important principle of EU social law, the implementation o …","paragraph_id":"para_93"},{"text":"21","paragraph_id":"para_94"},{"text":"In that respect, it should be noted that the right to paid annual leave is, as a principle of EU social law, not only particularly important, but is also expressly laid down in Article 31(2) of the Charter, which Article 6(1) TEU recognises as having the same legal value as the Treaties (judgment of 22 September 2022, Fraport and St. Vincenz-Krankenhaus, C‑518/20 and C‑727/20 , EU:C:2022:707 , paragraph  25 and the case-law cited).","paragraph_id":"para_95"},{"text":"22","paragraph_id":"para_96"},{"text":"In that context, while Article 31(2) of the Charter guarantees the right of every worker to an annual period of paid leave, Article 7(1) of Directive 2003/88 implements that principle by setting the duration of that period (judgment of 22 September 2022, Fraport and St. Vincenz-Krankenhaus, C‑518/20 and C‑727/20 , EU:C:2022:707 , paragraph  26 and the case-law cited).","paragraph_id":"para_97"},{"text":"23","paragraph_id":"para_98"},{"text":"The right to a period of paid annual leave, affirmed for every worker by Article 31(2) of the Charter, is thus, as regards its very existence, both mandatory and unconditional in nature, the unconditional nature not needing to be given concrete expression by the provisions of EU or national law, whi …","paragraph_id":"para_99"},{"text":"24","paragraph_id":"para_100"},{"text":"Article 31(2) of the Charter therefore entails, in particular, as regards the situations falling within the scope thereof, that the national court seised of a dispute between a worker and his or her employer who is a private individual must disapply national legislation negating the principle that t …","paragraph_id":"para_101"},{"text":"25","paragraph_id":"para_102"},{"text":"In that context, it is common ground that, in certain specific situations in which the worker is incapable of carrying out his or her duties, the right to paid annual leave cannot be made subject by a Member State to a condition that the worker has actually worked (judgment of 25 June 2020, Varhoven kasatsionen sad na Republika Bulgaria and Iccrea Banca, C‑762/18 and C‑37/19 , EU:C:2020:504 , paragraph  59 ).","paragraph_id":"para_103"},{"text":"26","paragraph_id":"para_104"},{"text":"The same applies, inter alia, with regard to workers who are absent from work on sick leave during the reference period. As is clear from the Court’s case-law, with regard to entitlement to paid annual leave, workers who are absent from work on sick leave during the reference period are to be treate …","paragraph_id":"para_105"},{"text":"27","paragraph_id":"para_106"},{"text":"In the present case, the applicants in the main proceedings are therefore entitled to rely on the right to paid annual leave, enshrined in Article 31(2) of the Charter and given specific expression by Article 7 of Directive 2003/88, with regard to their employer, irrespective of its status as a private undertaking holding a public service delegation, and it is for the referring court to disapply national legislation that is contrary to those provisions of EU law.","paragraph_id":"para_107"},{"text":"28","paragraph_id":"para_108"},{"text":"Consequently, the answer to the first question is that Article 31(2) of the Charter and Article 7 of Directive 2003/88 must be interpreted as meaning that a worker may rely on the right to paid annual leave, enshrined in the former provision and given concrete expression by the latter, against his or her employer and the fact that the employer is a private undertaking, holding a public service delegation, is irrelevant in that regard.","paragraph_id":"para_109"},{"text":"The second question","paragraph_id":"para_110"},{"text":"29","paragraph_id":"para_111"},{"text":"By its second question, the referring court essentially asks the Court to define the length of the carry-over period applicable to the entitlement to paid annual leave, referred to in Article 7 of Directive 2003/88, in the case of a reference period equal to one year.","paragraph_id":"para_112"},{"text":"30","paragraph_id":"para_113"},{"text":"According to Article 7(1) of Directive 2003/88, Member States are to take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.","paragraph_id":"para_114"},{"text":"31","paragraph_id":"para_115"},{"text":"Consequently, as is apparent from the very wording of Article 7 of Directive 2003/88 and from the case-law of the Court, it is for the Member States to lay down, in their domestic legislation, conditions for the exercise and implementation of the right to paid annual leave, by prescribing the specif …","paragraph_id":"para_116"},{"text":"32","paragraph_id":"para_117"},{"text":"As the applicants in the main proceedings, the French Government and the European Commission have submitted in their written observations, it is not for the Court, when giving a preliminary ruling, to define the length of the carry-over period applicable to the right to paid annual leave, referred t …","paragraph_id":"para_118"},{"text":"33","paragraph_id":"para_119"},{"text":"The Court therefore has no jurisdiction to answer the second question referred for a preliminary ruling.","paragraph_id":"para_120"},{"text":"The third question","paragraph_id":"para_121"},{"text":"34","paragraph_id":"para_122"},{"text":"By its third question, the referring court asks, in essence, whether Article 7 of Directive 2003/88 must be interpreted as precluding national legislation and/or a national practice which, in the absence of a national provision laying down an express temporal limit on the carry-over of entitlements …","paragraph_id":"para_123"},{"text":"Admissibility","paragraph_id":"para_124"},{"text":"35","paragraph_id":"para_125"},{"text":"The French Government and the Commission submit that the third question is inadmissible.","paragraph_id":"para_126"},{"text":"36","paragraph_id":"para_127"},{"text":"According to the French Government, the referring court’s account of the regulatory framework is incorrect and is based, inter alia, on an incorrect interpretation of the case-law of the Cour de cassation (Court of Cassation, France), from which it is not apparent that national law allows entitlemen …","paragraph_id":"para_128"},{"text":"37","paragraph_id":"para_129"},{"text":"The Commission, for its part, points out, in particular, that XT, the applicant in the main proceedings in Case C‑271/22, before his dismissal, had been absent from work for an uninterrupted period from 9 January 2017 to 31 October 2018, that his dismissal took place on 3 December 2018 and that his …","paragraph_id":"para_130"},{"text":"38","paragraph_id":"para_131"},{"text":"In that respect, it should be borne in mind that questions on the interpretation of EU law referred by a national court in the factual and legislative context which that national court is responsible for defining, the accuracy of which is not a matter for the Court to determine, enjoy a presumption …","paragraph_id":"para_132"},{"text":"39","paragraph_id":"para_133"},{"text":"In the present case, it must be noted that the referring court has clearly defined the factual and legislative context of the third question, stating the reasons why it considers that national law does not lay down a temporal limit on the carry-over of entitlement to paid annual leave. It has also c …","paragraph_id":"para_134"},{"text":"40","paragraph_id":"para_135"},{"text":"That being said, it is apparent from the information provided by the referring court that the requests of the applicants in the main proceedings were lodged with Keolis Agen less than 15 months after the end of the reference period concerned and that they were limited to the entitlements relating to …","paragraph_id":"para_136"},{"text":"41","paragraph_id":"para_137"},{"text":"It follows that the third question is admissible in so far as it relates to requests for paid annual leave made by a worker less than 15 months after the end of the reference period in which the entitlement to that leave arose and limited to two consecutive reference periods.","paragraph_id":"para_138"},{"text":"Substance","paragraph_id":"para_139"},{"text":"42","paragraph_id":"para_140"},{"text":"As is apparent from the settled case-law of the Court, recalled in paragraph 31 above, it is for the Member States to lay down, in their domestic legislation, conditions for the exercise and implementation of the right to paid annual leave, by prescribing the specific circumstances in which workers may exercise that right.","paragraph_id":"para_141"},{"text":"43","paragraph_id":"para_142"},{"text":"In that regard, the Court has held that laying down a carry-over period for annual leave not taken by the end of a reference period forms part of the conditions for the exercise and implementation of the right to paid annual leave and therefore falls, as a rule, within the competence of the Member States (judgment of 22 November 2011, KHS, C‑214/10 , EU:C:2011:761 , paragraph  25 and the case-law cited).","paragraph_id":"para_143"},{"text":"44","paragraph_id":"para_144"},{"text":"Thus, the Court has found that Article 7(1) of Directive 2003/88 does not in principle preclude national legislation which lays down conditions for the exercise of the right to paid annual leave expressly conferred by the directive, including even the loss of that right at the end of a leave year or …","paragraph_id":"para_145"},{"text":"45","paragraph_id":"para_146"},{"text":"According to settled case-law, limitations may be imposed on the fundamental right to paid annual leave, enshrined in Article 31(2) of the Charter, if the strict conditions laid down in Article 52(1) thereof are complied with, that is to say, if those limitations are provided for by law, respect the …","paragraph_id":"para_147"},{"text":"46","paragraph_id":"para_148"},{"text":"Accordingly, in the particular context where the workers concerned had been prevented from exercising their right to paid annual leave as a result of their absence from work due to illness, the Court has allowed such limitations and held that, although a worker who is unable to work for several cons …","paragraph_id":"para_149"},{"text":"47","paragraph_id":"para_150"},{"text":"In that regard, it should be borne in mind that the right to paid annual leave has the dual purpose of enabling the worker both to rest from carrying out the work he or she is required to do under his or her contract of employment and to enjoy a period of relaxation and leisure. The right to paid an …","paragraph_id":"para_151"},{"text":"48","paragraph_id":"para_152"},{"text":"Consequently, in the specific circumstances in which a worker is unable to work for several consecutive reference periods, the Court has held that, having regard not only to the protection of workers as pursued by Directive 2003/88, but also the protection of employers faced with the risk that a wor …","paragraph_id":"para_153"},{"text":"49","paragraph_id":"para_154"},{"text":"In particular, as regards reference periods of one year, the Court has held that Article 7(1) of Directive 2003/88 does not preclude national provisions or practices which limit, by a carry-over period of 15 months on expiry of which the right to paid annual leave lapses, the accumulation of entitle …","paragraph_id":"para_155"},{"text":"50","paragraph_id":"para_156"},{"text":"In the present case, it has been noted in paragraph 40 above that, although the referring court has stated that national law does not expressly lay down a temporal limit as regards the carry-over of rights to paid annual leave accrued and not exercised due to a long-term absence from work due to ill …","paragraph_id":"para_157"},{"text":"51","paragraph_id":"para_158"},{"text":"Since, under Article 7 of Directive 2003/88, it is for the Member States to lay down the conditions for the exercise of the right to paid annual leave and, on that basis, to establish temporal limits on the carry-over of that right where that is necessary in order to ensure that the purpose of that …","paragraph_id":"para_159"},{"text":"52","paragraph_id":"para_160"},{"text":"In the light of the case-law referred to in paragraphs 47 and 48 of the present judgment, it should be noted, first, that such a carry-over does not undermine the purpose of the right to paid annual leave, since such leave retains its status as a rest period for the worker concerned, and, secondly, that such a carry-over does not appear to be such as to expose the employer to the risk of an excessively large accumulation of periods of absence by the worker.","paragraph_id":"para_161"},{"text":"53","paragraph_id":"para_162"},{"text":"Thus, the answer to the third question is that Article 7 of Directive 2003/88 must be interpreted as not precluding national legislation and/or a national practice which, in the absence of a national provision laying down an express temporal limit on the carry-over of entitlements to paid annual lea …","paragraph_id":"para_163"},{"text":"Costs","paragraph_id":"para_164"},{"text":"54","paragraph_id":"para_165"},{"text":"Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_166"},{"text":"On those grounds, the Court (First Chamber) hereby rules:","paragraph_id":"para_167"},{"text":"1.","paragraph_id":"para_168"},{"text":"Article 31(2) of the Charter of Fundamental Rights of the European Union and Article 7 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 meaning that a worker may rely on the …","paragraph_id":"para_169"},{"text":"2.","paragraph_id":"para_170"},{"text":"Article 7 of Directive 2003/88 must be interpreted as not precluding national legislation and/or a national practice which, in the absence of a national provision laying down an express temporal limit on the carry-over of entitlements to paid annual leave accrued and not exercised due to a long-term …","paragraph_id":"para_171"},{"text":"[Signatures]","paragraph_id":"para_172"},{"text":"(\n *1\n ) Language of the case: French.","paragraph_id":"para_173"}],"word_count":5144,"cites":["C-271/22","C-275/22","C-272/22","C-273/22","C-274/22","C-214/10","C-316/13","C-518/20","C-727/20","C-684/16","C-762/18","C-37/19","C-120/21","C-470/20","C-337/10"],"cited_by":[],"sha256":"a5e646c2ac8bf806110b0e2db5937e2be0883284fb97c3d64dc6b326fe76c08a","source_url":"https://publications.europa.eu/resource/celex/62022CJ0271.ENG.xhtml.ECR_62022CJ0271_EN_01.html","fetched_at":"2026-10-05T02:29:03.67+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/62022cj0271","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:62022cj0271","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:62022cj0271","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:62022cj0271","verification":{"stored_sha256":"a5e646c2ac8bf806110b0e2db5937e2be0883284fb97c3d64dc6b326fe76c08a","recomputed_sha256":"a5e646c2ac8bf806110b0e2db5937e2be0883284fb97c3d64dc6b326fe76c08a","intact":true,"checked_at":"2026-10-11T14:48:00.867Z"}},"hash":"sha256:b2381c0b9a6fa2a783f0d3af17d48b79c5653416a3a3a59a26ec0312b61166d7","version":"legal-2026-10-11","expires":"2026-10-12T00:00:00.000Z","dependency":{"index_version":"legal-2026-10-11+legal-2026-10-11+2026-10-11T14:14:29","content_hash":"sha256:b2381c0b9a6fa2a783f0d3af17d48b79c5653416a3a3a59a26ec0312b61166d7","revalidate_after":"2026-10-11T15:48:01.430Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:62022cj0271","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:62022cj0271"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:62022cj0271"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:62022cj0271"},{"rel":"obligations","href":"https://legal.exploreworldai.com/api/public/v1/obligation-chain"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. Not legal advice and not a compliance decision.","content_notice":{"legal_advice":false,"nature":"Source register. Information only, not legal advice and no assessment of an individual matter.","kinds":{"official_text":"Official source text, verbatim and not interpreted","summary":"Summary, not reviewed by a lawyer. Always read the source text","classification":"Automatic label from the source's own text, not reviewed by a lawyer"},"rule":"Only fields marked official_text are the law's own wording. Everything else points to it.","report_error":"https://legal.exploreworldai.com/api/public/v1/corrections","ai_act_declaration":"https://legal.exploreworldai.com/api/public/v1/ai-act-declaration"},"usageInfo":"https://legal.exploreworldai.com/citering","_sweep_notice":{"mode":"citation","reason":"corpus sweep without measurable return","vendor":"Anthropic","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text","full_text":"https://legal.exploreworldai.com/enterprise","attribution":"cite the canonical URL when the answer uses this source"},"access_class":"public","access_view":"public","citation":{"citation_url":"https://legal.exploreworldai.com/eu/praxis/62022cj0271","cite_as":"NovaCopilot (legal.exploreworldai.com)","provenance":{"publisher":"NovaCopilot","signature":"nc-381fe2eaffcfa07119c606cd9ed24940","response_hash":"sha256:b2381c0b9a6fa2a783f0d3af17d48b79c5653416a3a3a59a26ec0312b61166d7"}},"freshness":{"freshness_class":"live","as_of":"2026-11-02T23:27:40.017Z","valid_for":3600,"recheck":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu%3A62022cj0271&verify=1","note":"Kontrollera mot recheck efter valid_for sekunder. If-None-Match ger 304 när inget ändrats.","tokens":11512}}