Request for a preliminary ruling from the Rechtbank Overijssel (Netherlands) lodged on 25 May 2020 — XXXX v Staatssecretaris van Financiën
(Case C-217/20)
Language of the case: Dutch
Referring court
Rechtbank Overijssel
Parties to the main proceedings
Applicant: XXXX
Defendant: Staatssecretaris van Financiën
Questions referred
Must Article 17(1) of Directive 2003/88/EC 1 of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time be interpreted as meaning that a worker does not lose his remuneration, or part thereof, because he exercises his right to annual leave? Or should that provision be interpreted as meaning that a worker retains his remuneration while exercising his right to annual leave, irrespective of the reason for not working during the leave period?
Must Article 7(1) of Directive 2003/88 … be interpreted as precluding national provisions and practices whereby a worker who is incapacitated for work due to illness, when taking his annual leave, retains his remuneration at the level it was immediately prior to his taking annual leave, even if, on account of the long duration of his incapacity for work, that remuneration is lower than that paid in the event of full fitness for work?
Must the entitlement of every worker to paid annual leave under Article 7 of Directive 2003/88 … and under settled EU case-law be interpreted as meaning that reducing that remuneration during leave taken during incapacity for work runs counter to that entitlement?
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1 OJ 2003 L 299, p. 9.