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Document 62022CN0749
Case C-749/22: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 7 December 2022 — I GmbH v J R
Case C-749/22: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 7 December 2022 — I GmbH v J R
Case C-749/22: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 7 December 2022 — I GmbH v J R
OJ C 45, 6.2.2023, p. 14–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
6.2.2023 |
EN |
Official Journal of the European Union |
C 45/14 |
Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 7 December 2022 — I GmbH v J R
(Case C-749/22)
(2023/C 45/22)
Language of the case: German
Referring court
Bundesarbeitsgericht
Parties to the main proceedings
Appellant on a point of law: I GmbH
Respondent of a point of law: J R
Question referred
Must Article 7 of Directive 2003/88/EC (1) and Article 31(2) of the Charter of Fundamental Rights of the European Union be interpreted as precluding national legislation or practice under which paid annual leave, which was requested by a worker and approved by the employer and which overlaps in time after the leave was approved with a government-ordered quarantine at home where a possible infection is suspected, may not be granted retroactively where the worker is not incapacitated for work on account of illness during that quarantine?
(1) 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 (OJ 2003 L 299, p. 9).