Williams and Others v British Airways plc.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Levits
• ECLI: ECLI:EU:C:2011:588
• Date: 15 September 2011
• Docket Number: C-155/10
• Procedure Type: Reference for a preliminary ruling

Case C-155/10

Williams and Others

v

British Airways plc

(Reference for a preliminary ruling from the Supreme Court of the United Kingdom, formerly the House of Lords)

(Working conditions – Directive 2003/88/EC – Organisation of working time – Right to annual leave – Airline pilots)

Summary of the Judgment

Social policy – Protection of the safety and health of workers – Organisation of working time – Right to paid annual leave – Airline pilots

(European Parliament and Council Directive 2003/88, Art. 7; Council Directive 2000/79, annexed agreement, Clause 3)

Article 7 of Directive 2003/88 concerning certain aspects of the organisation of working time and Clause 3 of the Agreement annexed to Directive 2000/79 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation must be interpreted as meaning that an airline pilot is entitled, during his annual leave, not only to the maintenance of his basic salary, but also, first, to all the components intrinsically linked to the performance of the tasks he is required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, is provided and, second, to all the elements relating to his personal and professional status as an airline pilot.

It is for the national court to assess whether the various components comprising that worker’s total remuneration meet those criteria.

(see para. 31, operative part)

JUDGMENT OF THE COURT (First Chamber)

15 September 2011 (*)

(Working conditions – Directive 2003/88/EC – Organisation of working time – Right to annual leave – Airline pilots)

In Case C‑155/10,

REFERENCE for a preliminary ruling under Article 267 TFEU from the Supreme Court of the United Kingdom, formerly the House of Lords (United Kingdom), made by decision of 24 March 2010, received at the Court on 2 April 2010, in the proceedings

Williams and Others

v

British Airways plc,

THE COURT (First Chamber),

composed of A. Tizzano, President of the Chamber, J.-J. Kasel, A. Borg Barthet, E. Levits (Rapporteur), and M. Berger, Judges,

Advocate General: V. Trstenjak,

Registrar: L. Hewlett, Principal Administrator,

having regard to the written procedure and further to the hearing on 14 April 2011,

after considering the observations submitted on behalf of:

– Ms Williams and Others, by J. McNeill, QC, and M. Ford, Barrister,

– British Airways plc, by C. Jeans and A. Short, QC,

– the Danish Government, by V. Pasternak Jørgensen and C. Vang, acting as Agents,

– the European Commission, by M. van Beek and N. Yerrell, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 16 June 2011,

gives the following

Judgment

1 This reference for a preliminary ruling concerns the interpretation of 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 (OJ 2003 L 299, p. 9) and Clause 3 of the Agreement annexed to Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation, concluded by the Association of European Airlines (AEA), the European Transport Workers’ Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) (OJ 2000 L 302, p. 57) (‘the European Agreement’).

2 This reference has been made in proceedings between, on the one hand, Ms Williams and Others and, on the other, their employer, British Airways plc (‘British Airways’), concerning the remuneration which they receive during their paid annual leave.

Legal context

European Union legislation

3 Article 7 of Directive 2003/88, entitled ‘Annual leave’, provides:

‘1. Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.

2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.’

4 Clause 3 of the European Agreement reads:

‘1. Mobile staff in civil aviation are entitled to paid annual leave of at least four weeks, in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.

2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.’

National legislation

5 The Civil Aviation (Working Time) Regulations 2004 (Statutory Instruments 2004 No 756) provide as follows:

‘4. (1) A crew member is entitled to paid annual leave of at least four weeks, or a proportion of four weeks in respect of a period of employment of less than one year.

(2) Leave to which a crew member is entitled under this regulation –

(a) may be taken in instalments;

(b) may not be replaced by a payment in lieu, except where the crew member’s employment is terminated.’

6 Regulation 9 of those Regulations provides that every employer must ensure that:

‘… in any month –

(a) no person employed by him shall act as a crew member during the course of his working time, if during the period of 12...