Thursday 14th December 2023
Judgment in Case C-206/22 Sparkasse Südpfalz
(Social policy)
This case arises in the context of a dispute between a citizen (claimant) and their employer, Sparkasse Südpfalz. The dispute in question relates to the claimant’s annual leave entitlements remaining after having to quarantine due to COVID-19 during their planned annual leave.
Communications Directorate Press and Information unit curia.europa.eu
The person had been employed by the Sparkasse since 2013 as a private customer advisor and works full time. The collective agreement for the civil service in the savings bank sector applies to his employment contract.
The Sparkasse granted the claimant leave from 3 to 11 December 2020.
By letter dated 2 December 2020, the Germersheim District Administration in Germany decided to place the claimant in quarantine in accordance with national regulations in the context of the pandemic linked to COVID-19 between 2 and 11 December 2020, as the claimant had been a close contact with a colleague who had tested positive for COVID-19.
The claimant spent the quarantine period in the bedroom and bathroom of his home in order to avoid contaminating other members of his family. The claimant is requesting that the Sparkasse deduct the days of quarantine from his annual leave.
The national court seeks to ascertain whether the Working Time Directive and the EU Charter on Fundamental Rights precludes national provisions or practices under which the right to leave is also enforced in a situation in which the worker is affected by an unforeseeable event, such as an official quarantine measure, which prevents the unrestricted exercise of the right to leave.
Quarantänepflicht während des Urlaubs
Ein Arbeitnehmer der Sparkasse Südpfalz musste im Kontext der Covid-19-Pandemie während seines Urlaubs unerwartet in Quarantäne.
Das Arbeitsgericht Ludwigshafen am Rhein möchte vom Gerichtshof wissen, ob das Unionsrecht dem entgegensteht, dass der Urlaubsanspruch auch dann als verbraucht gilt, wenn der Arbeitnehmer während eines genehmigten Urlaubs von einem unvorhersehbaren Ereignis (Quarantäne) betroffen ist.
Generalanwalt Pikamäe hat das in seinen Schlussanträgen vom 4. Mai 2023 verneint.
We and use cookies and other tracking technologies to improve your experience on our website. We may store and/or access information on a device and process personal data, such as your IP address and browsing data, for personalised advertising and content, advertising and content measurement, audience research and services development. Additionally, we may utilize precise geolocation data and identification through device scanning.
Please note that your consent will be valid across all our subdomains. You can change or withdraw your consent at any time by clicking the “Consent Preferences” button at the bottom of your screen. We respect your choices and are committed to providing you with a transparent and secure browsing experience.
Cookie | Duration | Description |
---|---|---|
__stripe_mid | This cookie is set by Stripe payment gateway. This cookie is used to enable payment on the website without storing any patment information on a server. | |
__stripe_sid | This cookie is set by Stripe payment gateway. This cookie is used to enable payment on the website without storing any patment information on a server. | |
_abck | This cookie is used to detect and defend when a client attempt to replay a cookie.This cookie manages the interaction with online bots and takes the appropriate actions. | |
_wpfuuid | This cookie is used by the WPForms WordPress plugin. The cookie is used to allows the paid version of the plugin to connect entries by the same user and is used for some additional features like the Form Abandonment addon. | |
ASP.NET_SessionId | Issued by Microsoft's ASP.NET Application, this cookie stores session data during a user's website visit. | |
AWSALBCORS | This cookie is managed by Amazon Web Services and is used for load balancing. | |
bm_sz | This cookie is set by the provider Akamai Bot Manager. This cookie is used to manage the interaction with the online bots. It also helps in fraud preventions | |
cookielawinfo-checbox-analytics | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics". | |
cookielawinfo-checbox-functional | The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". | |
cookielawinfo-checbox-others | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. | |
cookielawinfo-checkbox-necessary | This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary". | |
cookielawinfo-checkbox-performance | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance". | |
elementor | This cookie is used by the website's WordPress theme. It allows the website owner to implement or change the website's content in real-time. | |
JSESSIONID | Used by sites written in JSP. General purpose platform session cookies that are used to maintain users' state across page requests. | |
viewed_cookie_policy | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |
Cookie | Duration | Description |
---|---|---|
_ga | The _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors. | |
_ga_4L7PKQPHHV | This cookie is installed by Google Analytics. | |
_ga_T50H0MNN9J | This cookie is installed by Google Analytics. | |
_gat_gtag_UA_12289088_5 | Set by Google to distinguish users. | |
_gcl_au | Provided by Google Tag Manager to experiment advertisement efficiency of websites using their services. | |
_gid | Installed by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously. |
Cookie | Duration | Description |
---|---|---|
test_cookie | The test_cookie is set by doubleclick.net and is used to determine if the user's browser supports cookies. |
Cookie | Duration | Description |
---|---|---|
_mcid | No description available. | |
_swa_u | This cookie is set by the provider Sitewit.com. This cookie is used for statistical report and analysis. | |
ak_bmsc | No description available. | |
AWSALB | AWSALB is a cookie generated by the Application load balancer in the Amazon Web Services. It works slightly different from AWSELB. | |
ec_store_chameleon_font | No description available. | |
FCCDCF | No description available. | |
issuem_lp | No description available. | |
lp_us_his | No description | |
m | No description available. |