Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 11 March 2022 – FI v Bayerische Motoren Werke AG

(Case C-192/22)

Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings

Appellant: FI

Respondent: Bayerische Motoren Werke AG

Questions referred

Do Article 7 of Directive 2003/88/EC ¹ or Article 31(2) of the Charter of Fundamental Rights of the European Union preclude an interpretation of a rule of national law such as Paragraph 7(3) of the German Bundesurlaubsgesetz (Federal Law on Leave; ‘the BUrIG’) according to which a worker’s entitlement to paid annual leave acquired during the work phase of a progressive retirement relationship but as yet unexercised is forfeited in the release phase at the end of the holiday year or at a later time?

Should the Court of Justice answer Question 1 in the negative:

Do Article 7 of Directive 2003/88/EC or Article 31(2) of the Charter of Fundamental Rights of the European Union preclude an interpretation of a rule of national law such as Paragraph 7(3) BUrlG according to which the as yet unexercised entitlement to paid annual leave of a worker who, in the course of the holiday year, moves from the work phase to the release phase is forfeited at the end of the holiday year or at a later time if the employer – without having previously fulfilled its obligations to cooperate in the realisation of the leave entitlement – has granted the worker the entire annual leave in line with his or her application for a period immediately prior to the start of the release phase, but the leave entitlement could not be fulfilled – at least in part – because the worker became unfit for work due to illness after the leave was granted?

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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).