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Document 62025CB0037
C-37/25, GTC Dijon: Order of the Court (Ninth Chamber) of 15 July 2025 (request for a preliminary ruling from the Conseil de Prud’hommes de Dole – France) – YH v S.E.L.A.S. GTC Dijon (Greffe du Tribunal de Commerce de Dijon) (Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7(1) – Entitlement to paid annual leave – Purposes – Sick leave with no restrictions in terms of outings, enabling a worker to rest and enjoy leisure activities – Absence of loss of entitlements to paid annual leave)
C-37/25, GTC Dijon: Order of the Court (Ninth Chamber) of 15 July 2025 (request for a preliminary ruling from the Conseil de Prud’hommes de Dole – France) – YH v S.E.L.A.S. GTC Dijon (Greffe du Tribunal de Commerce de Dijon) (Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7(1) – Entitlement to paid annual leave – Purposes – Sick leave with no restrictions in terms of outings, enabling a worker to rest and enjoy leisure activities – Absence of loss of entitlements to paid annual leave)
C-37/25, GTC Dijon: Order of the Court (Ninth Chamber) of 15 July 2025 (request for a preliminary ruling from the Conseil de Prud’hommes de Dole – France) – YH v S.E.L.A.S. GTC Dijon (Greffe du Tribunal de Commerce de Dijon) (Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7(1) – Entitlement to paid annual leave – Purposes – Sick leave with no restrictions in terms of outings, enabling a worker to rest and enjoy leisure activities – Absence of loss of entitlements to paid annual leave)
OJ C, C/2025/4564, 25.8.2025, ELI: http://data.europa.eu/eli/C/2025/4564/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2025/4564 |
25.8.2025 |
Order of the Court (Ninth Chamber) of 15 July 2025 (request for a preliminary ruling from the Conseil de Prud’hommes de Dole – France) – YH v S.E.L.A.S. GTC Dijon (Greffe du Tribunal de Commerce de Dijon)
(C-37/25, (1) GTC Dijon)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Social policy - Protection of the safety and health of workers - Organisation of working time - Article 31(2) of the Charter of Fundamental Rights of the European Union - Directive 2003/88/EC - Article 7(1) - Entitlement to paid annual leave - Purposes - Sick leave with no restrictions in terms of outings, enabling a worker to rest and enjoy leisure activities - Absence of loss of entitlements to paid annual leave)
(C/2025/4564)
Language of the case: French
Referring court
Conseil de Prud’hommes de Dole
Parties to the main proceedings
Applicant: YH
Defendant: S.E.L.A.S. GTC Dijon (Greffe du Tribunal de Commerce de Dijon)
Operative part of the order
Article 7(1) 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 and Article 31(2) of the Charter of Fundamental Rights of the European Union
must be interpreted as meaning that the entitlement to paid annual leave acquired in respect of a reference period cannot be lost or reduced, on the expiry of that period, where the worker concerned has, during that period, been on non-work-related sick leave with no restrictions as to the outings and activities of that worker, unless there are specific circumstances which could justify a derogation from the fundamental right to an annual period of paid leave.
(1) Date of lodgment: 22.1.2025.
ELI: http://data.europa.eu/eli/C/2025/4564/oj
ISSN 1977-091X (electronic edition)