The WLR Daily case summaries
[2024] WLR(D) 16
Court of Justice of the European Union
YQ v Ředitelství silnic a dálnic ČR
(Case C-57/22)
EU:C:2023:770
2023 Oct 12
President of Chamber PG Xuereb, Judges A Kumin, I Ziemele (Rapporteur)
Advocate General J Richard de la Tour
Advocate General J Richard de la Tour
Employment— Working time provisions— Paid annual leave— Worker dismissed but reinstated in employment upon Czech court finding dismissal invalid— Worker not assigned any work during period between dismissal and reinstatement despite notifying employer of wish to work— Employer refusing to pay worker compensation for days of annual leave not taken between dismissal and reinstatement— Worker bringing action for compensation for that leave— Whether European Union law precluding national Czech case law under which worker not entitled to paid annual leave on basis that worker not carrying out work for employer during reference period and worker already entitled to wage compensation—
Parliament and Council Directive 2003/88/EC, art 7(1)