Judgment_paragraph 68 · QH v Varhoven kasatsionen sad na Republika Bulgaria and CV v Iccrea Banca SpA (C-762/18, C-37/19)

68As the Advocate General observed in point 48 of his Opinion, the fact that the worker concerned has not, during the period between the date of his or her unlawful dismissal and the date of her reinstatement, in accordance with national law, following the annulment of that dismissal by a decision of a court, actually carried out work for his or her employer is the consequence of the latter’s actions that led to the unlawful dismissal, without which the worker would have been in a position to work during that period and to exercise his or her right to annual leave.