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.

Citation
Joined Cases C-569/16 and C-570/16, EU:C:2018:871
Court
Court of Justice of the European Union
Year
2018
Subject
EU Law
Topic
General principles and fundamental rights

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.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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