About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2018-11 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2018)

handle is hein.intyb/rcbjcofi0409 and id is 1 raw text is: VRw Reports of Cases OPINION OF ADVOCATE GENERAL BOT delivered on 29 May 2018' Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v Maria Elisabeth Bauer (C-569/16) and Volker Willmeroth in his capacity as owner of TWI Technische Wartung und Instandsetzung Volker Willmeroth e. K. V Martina Brofionn (C-570/16) (Requests for a preliminary ruling from the Bundesarbeitsgericht (Federal Labour Court, Germany)) (Reference for a preliminary ruling - Social policy - Organisation of working time - Annual leave - Directive 2003/88/EC - Article 7 - Employment relationship terminated by the death of the employee - Loss of entitlement to paid annual leave - National legislation making it impossible for the deceased's heirs to be paid an allowance in lieu of outstanding paid annual leave - Charter of Fundamental Rights of the European Union - Article 31(2) - Obligation to interpret national law in conformity with EU law - Possibility of relying directly on Article 31(2) of the Charter of Fundamental Rights in a dispute between individuals - Obligation to disapply contrary national legislation) 1. The present requests for a preliminary ruling concern the interpretation of 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 time2 and of Article 31(2) of the Charter of Fundamental Rights of the European Union. 2. These requests were made in proceedings brought by Mrs Maria Elisabeth Bauer and Mrs Martina BroBonn against the former employers of their late husbands, that is to say, respectively, Stadt Wuppertal (Germany) and Mr Volker Willmeroth, in his capacity as the owner of the undertaking TWI Technische Wartung und Instandsetzung Volker Willmeroth e. K. ('Mr Willmeroth'), concerning those employers' refusals to pay the widows an allowance in lieu of the paid annual leave not taken by their spouses before their deaths. 1 Original language: French. 2 OJ 2003 L 299, p. 9. 3 'The Charter'. EN ECLI:EU:C:2018:3371

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most