05 Déc European Court of Justice – Décember 2023
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)).
ECJ, 9 novembre 2023, Joined Cases C 271/22 to C 275/22, Keolis Agen.
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 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.
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 absence from work due to illness, allows requests for paid annual leave submitted 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 to be granted.
Reference for a preliminary ruling – Social policy – Part-time work – Directive 97/81/EC – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4.1 – Principle of non-discrimination of part-time workers – Principle pro rata temporis – Pilots – Remuneration for additional flying duty hours – Identical trigger thresholds for full-time and part-time pilots – Difference in treatment).
ECJ, 19 october 2023, Case C 660/20, MK v Lufthansa CityLine GmbH.
Clause 4.1 of the Framework Agreement on part-time work concluded on 6 June 1997 and annexed to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC
must be interpreted as meaning that national legislation which makes the payment of additional remuneration for part-time workers and comparable full-time workers uniformly contingent on the same number of working hours being exceeded in a given activity, such as a pilot’s flight duty, must be regarded as a ‘less favourable’ treatment of part-time workers within the meaning of that provision.
Clauses 4.1 and 4.2 of the Framework Agreement on part-time work concluded on 6 June 1997 and annexed to Council Directive 97/81
must be interpreted as precluding national legislation which makes the payment of additional remuneration for part-time workers and comparable full-time workers uniformly contingent on the same number of working hours being exceeded in a given activity, such as a pilot’s flight duty, in order to compensate for a workload particular to that activity.
