Language of document :

Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 26 February 2021 – LB v TO

(Case C-120/21)

Language of the case: German

Referring court


Parties to the main proceedings

Appellant on a point of law: LB

Respondent in the appeal on a point of law: TO

Question referred

Do Article 7 of 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 1 and Article 31(2) of the Charter of Fundamental Rights of the European Union preclude the application of national legislation such as Paragraph 194(1), in conjunction with Paragraph 195, of the Bürgerliches Gesetzbuch (German Civil Code; ‘the BGB’), under which the entitlement to paid annual leave is subject to a standard limitation period of three years, which starts to run at the end of the leave year under the conditions set out in Paragraph 199(1) of the BGB, if the employer has not actually enabled a worker to exercise his or her leave entitlement by accordingly informing him or her of the leave and inviting him or her to take that leave?


1 OJ 2003 L 299, p. 9.