Reference for a preliminary ruling from the Gerechtshof te 's-Gravenhage by judgment of that court of 3 March 2005 in Federatie Nederlandse Vakbeweging v. Staat der Nederlanden

(Case C-124/05)

(2005/C 155/03)

Language of the case: Dutch

Reference has been made to the Court of Justice of the European Communities by judgment of the Gerechtshof te 's-Gravenhage (Netherlands) of 3 March 2005, received at the Court Registry on 16 March 2005, for a preliminary ruling in the proceedings between Federatie Nederlandse Vakbeweging and the Netherlands State on the following question:

Is it compatible with Community law, and in particular with Article 7(2) of Council Directive 93/104/EC (1) of 23 November 1993, for a legislative provision of a Member State to provide for the possibility of a written agreement during a contract of employment to the effect that an employee who has, for one year, not taken his minimum annual leave, or has not taken that minimum leave in full, may receive financial compensation in respect of that leave in a subsequent year?

The question is based on the premise that the compensation is not given in respect of the employee's entitlement to minimum leave in the current year or in the years following thereon.

(1)  Directive 93/104/EC was replaced by 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 L 299 of 18.11.2003, p. 9).