sec_4__4__para__2

Furthermore, the Court has held that both paragraphs 1 and 2 of Article 7 satisfy the criteria for direct effect, being unconditional, unequivocal and precise (287). This means that, if a Member State has failed to transpose this provision into national law or has transposed it incorrectly, an individual can go to the national courts to enforce the entitlement to at least four weeks paid annual leave against the State or public bodies, in their capacity either as employers or as public authorities (288). The national courts are, in that regard, required to disapply the conflicting national legislation (289).

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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.