Request for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg (Germany) lodged on 29 November 2016 — Sebastian W. Kreuziger v Land Berlin

(Case C-619/16)

Language of the case: German

Referring court

Oberverwaltungsgericht Berlin-Brandenburg

Parties to the main proceedings

Appellant: Sebastian W. Kreuziger

Respondent: Land Berlin

Questions referred

Is Article 7(2) of Directive 2003/88/EC ¹ to be interpreted as meaning that it precludes national legislation or practice in accordance with which the entitlement to an allowance in lieu on termination of the employment relationship is excluded where the worker did not apply for paid annual leave even though he could have?

Is Article 7(2) of Directive 2003/88/EC to be interpreted as meaning that it precludes national legislation or practice in accordance with which the entitlement to an allowance in lieu on termination of the employment relationship presupposes that, for reasons beyond his control, the worker was unable to exercise his right to paid annual leave before the end of the employment relationship?

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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).