20.2.2017 |
EN |
Official Journal of the European Union |
C 53/21 |
Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 10 November 2016 — Stadt Wuppertal v Maria Elisabeth Bauer
(Case C-569/16)
(2017/C 053/27)
Language of the case: German
Referring court
Bundesarbeitsgericht
Parties to the main proceedings
Applicant: Stadt Wuppertal
Defendant: Maria Elisabeth Bauer
Question referred
Do 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 (1) or Article 31(2) of the Charter of Fundamental Rights of the European Union allow the heir of a worker who died while in an employment relationship to be entitled to financial compensation in respect of the worker’s entitlement to minimum annual leave prior to his death, which is precluded by Paragraph 7(4) of the Bundesurlaubsgesetz (Federal Law on Paid Leave), read in conjunction with Paragraph 1922(1) of the Bürgerliches Gesetzbuch (the Civil Code)?