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.

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(1)  OJ C 104, 3.4.2017.