Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 21 January 2019 — CV v Iccrea Banca SpA Istituto Centrale del Credito Cooperativo

(Case C-37/19)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Appellant: CV

Respondent: Iccrea Banca SpA Istituto Centrale del Credito Cooperativo

Question referred

Must Article 7(2) of Directive 2003/88/EC ¹ and Article 31(2) of the Charter of Fundamental Rights of the European Union, taken separately where applicable, be interpreted as precluding provisions of national legislation or national practices pursuant to which, once the employment relationship has ended, the right to payment of an allowance for paid leave accrued but not taken (and for a legal arrangement, such as ‘abolished public holidays’, which is comparable in nature and function to paid annual leave) does not apply in a context where the worker was unable to take the leave before the employment relationship ended because of an unlawful act (a dismissal established as unlawful by a national court by means of a final ruling ordering the retroactive restoration of the employment relationship) attributable to the employer, for the period between that unlawful act by the employer and the subsequent reinstatement only?

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¹ 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 2003 L 299, p. 9).