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European Employment Law Cases
Article

2021/39 Lapse of the right to paid annual leave: how does Max Planck apply to a manager? (NL)
Keywords Paid Leave
Authors Tessa van der Stel
DOI 10.5553/EELC/187791072021006004005
Author's information

Tessa van der Stel
Tessa van der Stel recently graduated from Erasmus School of Law, Rotterdam.

  • Abstract

      The Arnhem Court of Appeal has examined whether an employee was reasonably able to take leave, applying the ECJ’s Max Planck and Kreuziger judgments. According to the Court, the employer did not violate its obligation to inform the employee regarding the lapse of the right to paid annual leave. The Court stated that the employee was reasonably able to take leave, despite being incapacitated for work due to sickness. The Court ruled that the employee was not entitled to an allowance in lieu of untaken paid annual leave, as the right to such leave had lapsed.

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