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Employment

06 July 2012
Issue: 7521 / Categories: Case law , Law digest , In Court
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Asociacion Nacional de Grandes Empresas de Distribucion v Federacion de Asociaciones Sindicales and others C-78/11, [2012] All ER (D) 228 (Jun)

The entitlement of every worker to be paid annual leave should be regarded as a particularly important principle of EU social law from which there should be no derogations and whose implementation by the competent national authorities should be confined within the limits expressly laid down by Parliament and Council Directive (EC) 2003/88 (the Directive) which concerned certain aspects of the organisation of working time. Article 7(1) of the Directive should be interpreted as precluding national provisions, under which a worker, who became unfit for work during a period of paid annual leave, was not entitled subsequently to the paid annual leave which coincided with the period of unfitness for work.

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Weightmans—Emma Eccles & Mark Woodall

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