sec_1__10__para__4 — COMMUNICATION FROM THE COMMISSION Interpretative Communication on Directive…

sec_110para__4

COMMUNICATION FROM THE COMMISSION Interpretative Communication on Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organisation of working time · European Union

As the Court emphasised, it is only where employment has ended that Article 7(2) allows an allowance in lieu of paid annual leave: a worker must normally be entitled to actual rest, with a view to ensuring effective protection of health and safety (298). By contrast, ‘the possibility of financial compensation in respect of the minimum period of annual leave carried over would create an incentive, incompatible with the objectives of the Directive, not to take leave or to encourage employees not to do so’ (299).

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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.