Order of the Court (Fifth Chamber) of 7 April 2011 (reference for a preliminary ruling from the Arbeitsgericht Wuppertal — Germany) — Dieter May v AOK Rheinland/Hamburg — Die Gesundheitskasse

(Case C-519/09) (1)

(Article 104(3), first subparagraph, of the Rules of Procedure - Social policy - Organisation of working time - Directive 2003/88/EC - Scope ratione personae - Annual leave coinciding with sick leave - Compensation payment in respect of sickness - Concept of worker - Employees subject to the regulations concerning annual leave of public servants (‘Dienstordnungsangestellte’))

2011/C 211/10

Language of the case: German

Referring court

Arbeitsgericht Wuppertal (Germany)

Parties to the main proceedings

Applicant: Dieter May

Defendant: AOK Rheinland/Hamburg — Die Gesundheitskasse

Re:

Reference for a preliminary ruling — Arbeitsgericht Wuppertal — Interpretation of Articles 1(3) and 7(1) and (2) 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 (OJ 2003 L 299, p. 9) — Entitlement to a compensatory payment for annual leave that has not been taken in full because of illness — Scope ratione personae of Directive 2003/88/EC — Employees of social security institutions performing tasks comparable to those of the public service and who are subject to the working-time rules of public servants (‘Dienstordnungsangestellte’).

Operative part of the order

Article 7(1) and (2) of Directive 2003/88 of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, must be interpreted as meaning that the concept of ‘worker’ includes an employee of a public-law body in the social security sector subject to, in particular as regards their entitlement to paid annual leave, rules applicable to public servants.

(1)  OJ C 80, 27.3.2010.