XP and AR v Fraport AG Frankfurt Airport Services Worldwide and St. Vincenz-Krankenhaus GmbH (C-518/20)

Judgment of 22 Sept 2022

law://eu/cjeu/2020/c-518-20/para_36@2026-11-15

36Consequently, in the specific circumstances in which a worker is unfit for work for several consecutive leave years, the Court has held that, having regard not only to the protection of workers as pursued by Directive 2003/88, but also the protection of employers faced with the risk that a worker will accumulate periods of absence of too great a length and the difficulties in the organisation of work which such periods might entail, Article 7 of that directive must be interpreted as not precluding national provisions or practices limiting, by a carry-over period of 15 months at the end of which the right to paid annual leave is lost, the accumulation of entitlements to such leave by a worker who has been unfit for work for several consecutive holiday years (judgments of 22 November 2011, KHS, C‑214/10, EU:C:2011:761, paragraphs 29 and 30, and of 29 November 2017, King, C‑214/16, EU:C:2017:914, paragraph 55).

XP and AR v Fraport AG Frankfurt Airport Services Worldwide and St. Vincenz-Krankenhaus GmbH (C-518/20)

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