Stadt Wuppertal v Bauer; Willmeroth v Broßonn
The right to paid annual leave in the Charter of Fundamental Rights can be relied on against private employers, so that heirs of a deceased worker can claim payment for untaken leave.
Facts
Mr Bauer and Mr Broßonn died while still employed, without having taken all of their annual leave. Their widows claimed payment in lieu of the untaken leave from their employers, one of which was a public authority and the other a private individual. Under German law, the right to leave ended on the worker's death, so no payment was due.
Legal principle
The Court of Justice held that the right to payment in lieu of untaken annual leave did not end on the worker's death, and could be claimed by his heirs. The right to paid annual leave is an essential principle of EU social law, and article 31(2) of the Charter of Fundamental Rights, which guarantees every worker the right to an annual period of paid leave, is mandatory and unconditional. It can therefore be relied on in disputes between private parties, so the national court must disapply the conflicting German law, even against a private employer.
Related cases on general principles and fundamental rights
- Association Belge des Consommateurs Test-Achats ASBL v Conseil des ministres Case C-236/09, [2011] ECR I-773
- Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2019] AC 777
- Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources Joined Cases C-293/12 and C-594/12, EU:C:2014:238
- Elliniki Radiophonia Tiléorassi AE (ERT) v Dimotiki Etairia Pliroforissis Case C-260/89, [1991] ECR I-2925
- Google Spain SL v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González Case C-131/12, EU:C:2014:317
- Hauer v Land Rheinland-Pfalz Case 44/79, [1979] ECR 3727
- Kadi and Al Barakaat International Foundation v Council and Commission Joined Cases C-402/05 P and C-415/05 P, [2008] ECR I-6351
- Nold v Commission Case 4/73, [1974] ECR 491
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