92002E2424

WRITTEN QUESTION E-2424/02

by Alexandros Alavanos (GUE/NGL) to the Commission

(20 August 2002)

Subject: Annual leave of Greek workers

Article 7 of Presidential Decree 88/1999, which incorporates Directive 93/104/EC(1) concerning certain aspects of the organisation of working time into Greek law, provides for paid annual leave for workers after continuous employment of at least twelve months. Given the importance of annual leave for workers and in the light of Article 7 of Directive 93/104/EC and the judgment of the Court of Justice in case C-173/99, which ruled that it is not open to a Member State to adopt national rules under which a worker does not begin to accrue rights to paid annual leave until he has completed a minimum period of employment, will the Commission say what measures it will take to ensure that Greek workers also receive annual leave without restriction by reference to length of employment, as laid down by Directive 93/104/EC and the judgment of the Court of Justice in case C-173/99?

(1) OJ L 307, 13.12.1993, p. 18.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(2 October 2002)

In accordance with Article 226 of the EC Treaty, the Commission issued Greece with a formal notice on 21 March 2001 concerning the transposal of Article 7 of Directive 93/104/EC(1).

In a letter dated 21 May 2002, the Greek authorities informed the Commission that they were going to take the necessary measures to amend national legislation on annual leave in order to bring it into line with the Directive.

The Commission may decide to deliver a reasoned opinion, as provided for in Article 226 of the EC Treaty, if it considers that the new Greek legislation does not comply with the Directive.

(1) Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time, OJ L 307, 13.12.1993.