Judgment_paragraph 40 · XP and AR v Fraport AG Frankfurt Airport Services Worldwide and St. Vincenz-Krankenhaus GmbH (C-518/20)

40It should be pointed out that it is for the employer to ensure that workers are given the opportunity to exercise their entitlement to annual leave (see, to that effect, judgments of 6 November 2018, Kreuziger, C‑619/16, EU:C:2018:872, paragraph 51 and the case-law cited, and of 6 November 2018, Max-Planck-Gesellschaft zur Förderung der Wissenschaften, C‑684/16, EU:C:2018:874, paragraph 44 and the case-law cited). In that regard, unlike in a situation of accumulation of entitlement to paid annual leave by a worker who was unfit for work due to sickness, an employer that does not allow a worker to exercise his or her right to paid annual leave must bear the consequences (judgment of 25 June 2020, Varhoven kasatsionen sad na Republika Bulgaria and Iccrea Banca, C‑762/18 and C‑37/19, EU:C:2020:504, paragraph 77 and the case-law cited).

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

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