3.12.2018
EN
Official Journal of the European Union
C 436/7
Judgment of the Court (Grand Chamber) of 4 October 2018 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — Tribunalul Botoşani, Ministerul Justiţiei v Maria Dicu
(Case C-12/17) (1)
((Reference for a preliminary ruling - Social policy - Organisation of working time - Directive 2003/88/EC - Right to paid annual leave - Directive 2010/18/EU - Revised Framework Agreement on parental leave - Parental leave not regarded as a period of actual work))
(2018/C 436/06)
Language of the case: Romanian
Referring court
Curtea de Apel Cluj
Parties to the main proceedings
Applicants: Tribunalul Botoşani, Ministerul Justiţiei
Defendant: Maria Dicu
Intervening parties: Curtea de Apel Suceava, Consiliul Superior al Magistraturii
Operative part of the judgment
Article 7 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time is to be interpreted as not precluding a provision of national law, such as the provision at issue in the main proceedings, which, for the purpose of determining a worker’s entitlement to paid annual leave, as guaranteed by that article for a worker in respect of a given reference period, does not treat the amount of time spent by that worker on parental leave during that reference period as a period of actual work.
(1) OJ C 104, 3.4.2017.
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