Preliminary reference · referred by the Landesarbeitsgericht Hamm (Germany)
Applicant
KHS AG
Defendant
Winfried Schulte
Rapporteur
E. Levits
Advocate General
V. Trstenjak
Bench
11 judgesV. Skouris, A. Tizzano, J.N. Cunha Rodrigues, K. Lenaerts, J.-C. Bonichot, U. Lõhmus, A. Rosas, E. Levits, A. Ó Caoimh, L. Bay Larsen, A. Arabadjiev
25In the course of that examination the Court observed that a provision of national law setting out a carry-over period for annual leave not taken by the end of the reference period aims, as a rule, to give a worker who has been prevented from taking his annual leave an additional opportunity to benefit from that leave. The laying down of such a period forms part of the conditions for the exercise and implementation of the right to paid annual leave and therefore falls, as a rule, within the competence of the Member States (see Schultz-Hoff and Others, paragraph 42).