European Employment Law Cases

Article

2022/17 Desperately awaited by the German jurisdiction: A landmark ruling by the ECJ concerning statutory leave law (GE)

Keywords Annual Leave
Authors Paul Schreiner en Nina Stephan
Author's information

Paul Schreiner
Paul Schreiner is a partner at Luther Rechtsanwaltsgesellschaft mbH.

Nina Stephan
Nina Stephan is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.
  • Abstract

      Once again, the German jurisdiction has had to deal with the question of whether the expiration of leave entitlements is possible if the employee has no prior information about such leave from the employer, even if the employee was not able to continue working and therefore not able to take leave until the end of the employment relationship. A decision that the German Federal Labour Court (Bundesarbeitsgericht, ‘BAG’) still does not want to take without a landmark decision of the ECJ.

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