Request for a preliminary ruling from the Landesarbeitsgericht Hamm (Germany) lodged on 14 March 2013 - Gülay Bollacke v K + K Klaas & Kock B.V. & Co. KG

(Case C-118/13)

Language of the case: German

Referring court

Landesarbeitsgericht Hamm

Parties to the main proceedings

Applicant: Gülay Bollacke

Defendant: K + K Klaas & Kock B.V. & Co. KG

Questions referred

Is Article 7(1) of Directive 2003/88/EC  to be interpreted as precluding national legislation or practice according to which the entitlement to a minimum period of paid annual leave is lost in its entirety on the death of the worker, namely not only the entitlement to release from the obligation to work, which can no longer be implemented, but also the entitlement to payment of remuneration in respect of annual leave?

Is Article 7(2) of Directive 2003/88/EG to be interpreted as meaning that the entitlement to an allowance in lieu of a minimum period of paid annual leave on termination of the employment relationship attaches to the person of the worker in such a way that that entitlement accrues only to him, in order to enable him to realise at a later date the purposes of rest and leisure associated with the granting of paid annual leave?

Is Article 7(1) of Directive 2003/88/EC to be interpreted as meaning that, having regard to the protection of the safety and health of workers, the employer is obliged, when organising working time, actually to grant the worker leave by the end of the calendar year or, at the latest, by the end of a carry over period applicable to the employment relationship, regardless of whether or not the worker has submitted an application for leave?

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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).