Request for a preliminary ruling from the Nejvyšší soud České republiky (Czech Republic) lodged on 28 January 2022 – YQ v Ředitelství silnic a dálnic ČR

(Case C-57/22)

Language of the case: Czech

Referring court

Nejvyšší soud České republiky

Parties to the main proceedings

Applicant: YQ

Defendant: Ředitelství silnic a dálnic ČR

Question referred

Must Article 7(1) of Directive 2003/88/EC ¹ of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time be interpreted as precluding national case-law by virtue of which a worker who was unlawfully dismissed then reinstated in his or her employment, in accordance with national law, following the annulment of the dismissal by a decision of a court, is not entitled to paid annual leave for the period between the date of the dismissal and that of the reinstatement in his or her employment on the ground that, during that period, that worker did not actually carry out work for the employer, also in cases when, according to national legislation, the worker who has been unlawfully dismissed and who has without undue delay informed his or her employer in writing that he or she insists on being employed, is entitled to wage or salary compensation in the amount of average earnings from the date when he or she informed the employer that he or she insists on the continuation of his or her employment until such time as the employer allows him or her to carry on in his or her work or his or her employment relationship is validly terminated?

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¹ OJ 2003 L 299, p. 9.