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Document 62010CJ0214

Summary of the Judgment

Judgment of the Court (Grand Chamber) of 22 November 2011.
KHS AG v Winfried Schulte.
Reference for a preliminary ruling: Landesarbeitsgericht Hamm - Germany.
Organisation of working time - Directive 2003/88/EC - Right to paid annual leave - Lapse of right to paid annual leave not taken because of illness on the expiry of a period laid down by national rules.
Case C-214/10.



Social policy – Protection of the safety and health of workers – Organisation of working time – Right to paid annual leave

(European Parliament and Council Directive 2003/88, Art. 7(1))


Article 7(1) of Directive 2003/88 concerning certain aspects of the organisation of working time must be interpreted as not precluding national provisions or practices, such as collective agreements, which limit, by a carry-over period of 15 months on the expiry of which the right to paid annual leave lapses, the accumulation of entitlement to such leave of a worker who is unfit for work for several consecutive reference periods.

(see para. 44, operative part)