The role of ILO principles on annual leave in the case law of the Court of Justice

Abstract

This article analyses how the Court of Justice of the European Union has interpreted and applied principles on annual leave developed by the International Labour Organization (ILO). It traces the evolution of these principles within ILO Conventions and Recommendations, and how they became to be included in EU Directive 93/104 (and its successor, Directive 2003/88). Through a detailed examination of Court's case law, the study investigates how the Court has relied on ILO principles to interpret the right to annual leave, focusing on three key issues: (1) the accrual of annual leave entitlements during periods of inactivity (e.g., sickness or parental leave), (2) carry-over provisions for unused leave, and (3) the prevention of overlap between annual leave and other rest periods. The analysis reveals tensions between the letter and spirit of the ILO principles and their application by the Court. The article further explores the implications of adopting an approach more closely aligned with the system within which the principles were developed. Such alignment, it argues, could provide stronger justification for certain rulings, improve legal predictability, which is important for yet unresolved questions, and fit better with the dual purpose of the right to annual leave: protecting workers’ health and ensuring opportunities for leisure and recuperation.