48With regard to whether reference may be made to Article 7 of Directive 2003/88, which specifically concerns the right to paid annual leave, it is clear from the Court’s settled case-law that, if national law cannot be interpreted in conformity with the directive — which it is for the referring court to ascertain — Article 7 of that directive may not be invoked in a dispute between individuals, such as that in the main proceedings, in order to ensure the full effect of that right to paid annual leave and to render inapplicable any conflicting provision of national law. Moreover, in such a situation the party adversely affected by the incompatibility of national law with EU law may nevertheless rely upon the case-law deriving from the judgment in Francovich and Others (C‑6/90 and C‑9/90, EU:C:1991:428) in order to obtain, if appropriate, compensation for any damage suffered (see judgment in Dominguez, C‑282/10, EU:C:2012:33, paragraph 43).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.