Judgment of the Court (Fifth Chamber) of 8 November 2012 (references for a preliminary ruling from the Arbeitsgericht Passau — Germany) — Alexander Heimann (C-229/11), Konstantin Toltschin (C-230/11) v Kaiser GmbH,

(Joined Cases C-229/11 and C-230/11) (1)

(Social policy - Directive 2003/88/EC - Short-time working (‘Kurzarbeit’) - Reduction of paid annual leave on the basis of short-time working - Allowance in lieu)

2013/C 9/21

Language of the case: German

Referring court

Arbeitsgericht Passau

Parties to the main proceedings

Applicants: Alexander Heimann (C-229/11), Konstantin Toltschin (C-230/11)

Defendant: Kaiser GmbH,

Re:

References for a preliminary ruling — Arbeitsgericht Passau — Interpretation of Article 31(2) of the Charter of Fundamental Rights (OJ 2010 C 83, p. 389) and of 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 (OJ 2003 L 299, p. 9) — Reduction in the usual hours worked in the undertaking, as a result of short-time working (‘Kurzarbeit’) — National legislation providing for a reduced entitlement to paid annual leave on the basis of the reduction in the number of working days under short-time working

Operative part of the judgment

Article 31(2) of the Charter of Fundamental Rights of the European Union and 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 must be interpreted as meaning that they do not preclude national legislation or practice, such as a social plan agreed between an undertaking and its works council, under which the paid annual leave of a worker on short-time working is calculated according to the pro rata temporis rule.

(1)  OJ C 269, 10.9.2011.