10.9.2011   

EN

Official Journal of the European Union

C 269/28

1.

Do Article 31 of the Charter of Fundamental Rights and Article 7(1) of Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time (1) preclude a national rule such as the one in Paragraph 13(2) of the Bundesurlaubsgesetz (Federal law on leave), pursuant to which in certain trades the duration of the annual minimum leave of four weeks may be reduced by means of collective agreement?

2.

Do Article 31 of the Charter of Fundamental Rights and Article 7(1) of Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time preclude a rule in a national collective agreement such as that in the Bundesrahmentarifvertrag Bau (Collective agreement laying down a general framework for the construction industry), pursuant to which a leave entitlement does not accrue in those years in which a certain total gross wage is not earned as a result of illness?

3.

If the first and second questions are answered in the affirmative:

Is a rule such as that in Paragraph 13(2) of the Bundesurlaubsgesetz inapplicable in those circumstances?

4.

If the first to third questions are answered in the affirmative:

Should legitimate expectations be protected with regard to the validity of the rule in Paragraph 13(2) of the Bundesurlaubsgesetz and the rules of the Bundesrahmentarifvertrag Bau, if periods prior to 1 December 2009, when the Treaty of Lisbon and the Charter of Fundamental Rights came into force, are affected? Should the parties to the Bundesrahmentarifvertrag Bau collective agreement be granted a period in which they may agree another rule themselves?