Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 7 December 2022 – I GmbH v J R

(Case C-749/22)

Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings

Appellant on a point of law: I GmbH

Respondent of a point of law: J R

Question referred

Must Article 7 of Directive 2003/88/EC ¹ and Article 31(2) of the Charter of Fundamental Rights of the European Union be interpreted as precluding national legislation or practice under which paid annual leave, which was requested by a worker and approved by the employer and which overlaps in time after the leave was approved with a government-ordered quarantine at home where a possible infection is suspected, may not be granted retroactively where the worker is not incapacitated for work on account of illness during that quarantine?

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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).