Request for a preliminary ruling from the Tribunale di Lecce (Italy) lodged on 24 March 2022 – BU v Comune di Copertino
(Case C-218/22)
Language of the case: Italian
Referring court
Tribunale di Lecce
Parties to the main proceedings
Applicant: BU
Defendant: Comune di Copertino
Questions referred
Should 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 be interpreted as precluding national legislation, such as that at issue in the main proceedings (namely Article 5(8) of decreto-legge 6 luglio 2012, n. 95, Disposizioni urgenti per la revisione della spesa pubblica con invarianza dei servizi ai cittadini nonché misure di rafforzamento patrimoniale delle imprese del settore bancario (Decree-Law No 95 of 6 July 2012 on urgent provisions for the revision of public expenditure with no change in services to citizens and measures to strengthen the capital base of companies in the banking sector), converted, with amendments, by Article 1(1) of legge 7 agosto 2012, n. 135 (Law No 135 of 7 August 2012)), which, for reasons of public expenditure containment and organisational requirements of the public sector as employer, does not permit the monetisation of leave in the event that an employee in the public service resigns?
Further,
if the answer to the question above is in the affirmative, must 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 and Article 31(2) of the Charter of Fundamental Rights of the European Union be interpreted as requiring the employee in the public service to demonstrate that it was impossible for him/her to take the leave concerned in the course of the employment relationship?
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1 OJ 2003 L 299, p. 9.