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Document 62018CN0762

Case C-762/18: Request for a preliminary ruling from the Rayonen sad Haskovo (Bulgaria) lodged on 4 December 2018 — QH v Varhoven kasatsionen sad of the Republic of Bulgaria

OJ C 54, 11.2.2019, p. 12–13 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

11.2.2019   

EN

Official Journal of the European Union

C 54/12

Request for a preliminary ruling from the Rayonen sad Haskovo (Bulgaria) lodged on 4 December 2018 — QH v Varhoven kasatsionen sad of the Republic of Bulgaria

(Case C-762/18)

(2019/C 54/16)

Language of the case: Bulgarian

Referring court

Rayonen sad Haskovo

Parties to the main proceedings

Applicant: QH

Defendant: Varhoven kasatsionen sad of the Republic of Bulgaria

Questions referred

1.

Must Article 7(1) of Directive 2003/88/EC (1) of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time be interpreted as precluding national legislation and/or case-law, according to which a worker who has been unfairly dismissed and subsequently reinstated by a court decision, is not entitled to paid annual leave for the period from the date of dismissal until the date of his reinstatement?

2.

In the event that the first question is answered in the affirmative, must Article 7(2) 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 be interpreted as precluding national legislation and/or case-law, according to which in the event that the employment relationship is terminated once again the worker in question is not entitled to financial compensation for unused paid annual leave for the period from the date of his previous dismissal until the date of his reinstatement

(1)  OJ 2003 L 299, p. 9.

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