Judgment of the Court (Sixth Chamber) of 27 April 2023 (request for a preliminary ruling from the Bundesarbeitsgericht – Germany) – FI v Bayerische Motoren Werke AG

(Case C-192/22, ¹ Bayerische Motoren Werke)

(Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7(1) – Article 31(2) of the Charter of Fundamental Rights of the European Union – Right to paid annual leave – Lapse of that right – Progressive retirement scheme – Days of annual leave acquired under that scheme but as yet untaken – Incapacity for work)

Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings

Applicant: FI

Defendant: Bayerische Motoren Werke AG

Operative part of the judgment

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, read in the light of Article 31(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding a rule of national law which provides that the right to paid annual leave acquired by a worker, by reason of his or her work in the context of a progressive retirement scheme, is to lapse at the end of the holiday year or at a later date, where the worker has been prevented from taking that leave before the work release phase due to illness, even where it is not a long-term absence.

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¹ OJ C 222, 7.6.2022.