Asunto C-684/16: Petición de decisión prejudicial planteada por el Bundesarbeitsgericht (Alemania) el 27 de diciembre de 2016 — Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV/Tetsuji Shimizu
Section | información judicial |
3.4.2017 ES Diario Oficial de la Unión Europea C 104/32
Lengua de procedimiento: alemán
Bundesarbeitsgericht
Recurrente en casación: Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV
Recurrida en casación: Tetsuji Shimizu
1) ¿Se oponen el artículo 7, apartado 1, de la Directiva 2003/88/CE del Parlamento Europeo y del Consejo, de 4 de noviembre de 2003, relativa a determinados aspectos de la ordenación del tiempo de trabajo, (1) o el artículo 31, apartado 2, de la Carta de los Derechos Fundamentales de la Unión Europea a una norma nacional como la del artículo 7 de la Bundesurlaubsgesetz (Ley federal sobre vacaciones), que, como requisito para el disfrute del derecho a vacaciones, dispone que el trabajador debe solicitar las vacaciones, indicando sus deseos respecto de las fechas de disfrute, para no perder su derecho al final del período de devengo sin posibilidad de compensación, y que no obliga al empresario a establecer por su propia iniciativa, unilateralmente y de forma vinculante...
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