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
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

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This article is correct at 08/11/2018

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John Taggart BL

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