C-437/17 - Gemeinsamer Betriebsrat EurothermenResort Bad Schallerbach, preliminary ruling Oberster Gerichtshof - Austria - Main contents
| Zaak | C-437/17 |
|---|---|
| Vorming van de rechtbank |
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| Aanvrager | Gemeinsamer Betriebsrat EurothermenResort Bad Schallerbach GmbH Defendant: EurothermenResort Bad Schallerbach GmbH Question referred Are Article 45 TFEU and Article 7(1) of Regulation (EU) No 492/2011 1 on freedom of movement for workers to be interpreted as precluding a national provision such as that in the main proceedings (Paragraph 3(2)(1) in conjunction with Paragraph 3(3) and Paragraph 2(1) of the Urlaubsgesetz (Law on holidays, ‘the UrlG’)), under which a worker who has a total of 25 years of service, but has not completed these with the same Austrian employer, is entitled to only five weeks of annual holiday, whereas a worker who has completed 25 years of service with the same Austrian employer is entitled to six weeks of holiday per year. ____________1 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union, OJ 2011 L 141, p. 1. |
| Verweerder | EurothermenResort Bad Schallerbach GmbH Question referred Are Article 45 TFEU and Article 7(1) of Regulation (EU) No 492/2011 1 on freedom of movement for workers to be interpreted as precluding a national provision such as that in the main proceedings (Paragraph 3(2)(1) in conjunction with Paragraph 3(3) and Paragraph 2(1) of the Urlaubsgesetz (Law on holidays, ‘the UrlG’)), under which a worker who has a total of 25 years of service, but has not completed these with the same Austrian employer, is entitled to only five weeks of annual holiday, whereas a worker who has completed 25 years of service with the same Austrian employer is entitled to six weeks of holiday per year. ____________1 Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union, OJ 2011 L 141, p. 1. |
| Datum indiening verzoekschrift | 19-07-2017 |
| Datum van levering | 13-03-2019 |
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