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The Court has elaborated on the need to provide for carry-over if the worker whose right to annual leave is lost has not had the opportunity to exercise that right (257). The Court took the view that carry-over is inevitable where periods of leave guaranteed by EU law (258) overlap, and in the case of sick leave (259). The Court has also held that where an employer refuses to remunerate the annual leave to which the worker was entitled, the worker’s right to carry-over remains until the termination of the employment relationship (260).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.