Asunto C-37/19: Petición de decisión prejudicial planteada por la Corte suprema di cassazione (Italia) el 21 de enero de 2019 — CV/Iccrea Banca SpA Istituto Centrale del Credito Cooperativo
Section | información judicial |
27.5.2019 ES Diario Oficial de la Unión Europea C 182/5
Lengua de procedimiento: italiano
Corte suprema di cassazione
Recurrente: CV
Recurrida: Iccrea Banca SpA Istituto Centrale del Credito Cooperativo
¿Deben interpretarse el artículo 7, apartado 2, de la Directiva 2003/88 (1) y el artículo 31, apartado 2, de la Carta de los Derechos Fundamentales de la Unión Europea, incluso considerados separadamente, en el sentido de que se oponen a una normativa o a una jurisprudencia nacionales en virtud de las cuales una vez extinguida la relación laboral el trabajador no tiene derecho a una compensación económica por las vacaciones devengadas y no disfrutadas (comprendida la figura jurídica de los denominados «días festivos suprimidos», equiparable por su naturaleza y su función a las vacaciones anuales) en el supuesto de que no haya podido invocar tal derecho, antes de la extinción de la relación laboral, por un hecho ilegal (despido que ha sido objeto de una sentencia de un juez nacional devenida firme, que ordena la readmisión del trabajador con carácter retroactivo)...
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