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30.4.2004 |
EN |
Official Journal of the European Union |
C 106/37 |
Reference for a preliminary ruling by the Employment Tribunal, Leeds, by order of that court dated 9 March 2004, in the case of C. D. Robinson-Steele against R. D. Retail Services Ltd.
(Case C-131/04)
(2004/C 106/64)
Reference has been made to the Court of Justice of the European Communities by an order of the Employment Tribunal, Leeds, dated 9 March 2004, which was received at the Court Registry on 11 March 2004, for a preliminary ruling in the case of C. D. Robinson-Steele and R. D. Retail Services Ltd on the following questions:
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1. |
Is Article 7 of Council Directive 93/104/EC (1) consistent with provisions of national law which allow pay for annual leave to be included in a worker's hourly remuneration and paid as part of remuneration for working time but not paid in respect of a period of leave actually taken by the worker? |
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2. |
Does Article 7.2 preclude the national tribunal from giving credit to an employer for such payments when it seeks to give to the applicant an effective remedy according to powers contained in national regulations? |
(1) of 23 November 1993 concerning certain aspects of the organization of working time (OJ L 307, 13.12.1993, p. 18).