Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 4 June 2020 — WD v job-medium GmbH in liquidation

(Case C-233/20)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant and appellant in the appeal on a point of law: WD

Defendant and respondent in the appeal on a point of law: job-medium GmbH in liquidation

Questions referred

1    Is a provision of national law under which no allowance in lieu of annual leave is payable in respect of the current (last) working year, where the worker unilaterally terminates (‘withdraws from’) the employment relationship early without cause, compatible with Article 31(2) of the Charter of Fundamental Rights of the European Union (2010/C 83/02) and Article 7 of the Working Time Directive (Directive 2003/88/EC)? 1

2.    If the answer to that question is in the negative:

2.1.    Is it necessary to verify additionally if the worker was unable to use up his annual leave?

2.2.    If so, what are the criteria for that verification?


1     Directive 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).