sec_4__4__para__3

While it is normally not possible to invoke the ‘direct effect’ of a directive in proceedings between private parties (290), the Court upheld ‘horizontal’ direct effect of Article 31(2) of the Charter of Fundamental Rights based on the qualification of the right to paid annual leave as an essential principle of European Union social law (291). In proceedings between private parties, this would impose on national courts the obligation to ensure the full effectiveness of the right to paid annual leave, including by disapplying if need be any provision of national legislation contrary to that principle (292). The horizontal direct effect of Article 31(2) applies only to the minimum of four weeks of paid annual leave and not to any rights that exceed this minimum nor to the conditions for any carrying over of such additional rights (293).

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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.