Language of document :

Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 16 October 2020 – AR v St. Vincenz-Krankenhaus GmbH

(Case C-727/20)

Language of the case: German

Referring court


Parties to the main proceedings

Appellant: AR

Respondent: St. Vincenz-Krankenhaus GmbH

Questions referred

Do Article 7 of Directive 2003/88 1 and 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) according to which the as yet unexercised entitlement to paid annual leave of a worker who became ill to an extent that rendered him or her unfit for work in the course of the leave year, but who could still have taken – at least some of – the leave in the leave year before the onset of his or her illness, lapses 15 months after the end of the leave year in the event of a continuing uninterrupted period of incapacity for work even if the employer has not actually enabled the worker to exercise his or her leave entitlement by duly informing him or her of the leave concerned and inviting him or her to take it?

If Question 1 is answered in the affirmative: Does this also preclude the lapse of entitlement at a later date under these conditions if incapacity for work continues?


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).