By judgment of 25 June 2020 (CJEU, judgment

This decision provides important insight into your property law. Here is what it changes for you.

The situation

By judgment of 25 June 2020 (CJEU, judgment of 25 June 2020, Varhoven kasatsionen sad na Republika Bulgaria, C- 762/18 and Iccrea Banca, C-37-19), the Court of Justice of the European Union held that Article 7(1) 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 must be interpreted as precluding national case-law under which a worker who has been unlawfully dismissed and then reinstated in his employment, in accordance with national law, following the annulment of his dismissal by a judicial decision, is not entitled to paid annual leave for the period between the date of dismissal and the date of his reinstatement, on the ground that, during that period, the worker did not perform actual work for the employer. It follows that, except where the employee held another job during the period of exclusion between the date of the void dismissal and that of his reinstatement, he may claim his entitlement to paid leave in respect of that period pursuant to the provisions of Articles L. 3141-3 and L. 3141-9 of the Labour Code. The judgment must therefore be quashed which, in order to reject the employee's claim seeking to have the employer ordered to pay him remuneration for each month elapsed between his exclusion from the company and his reinstatement, together with the related paid leave, held that the period of exclusion does not give rise to the acquisition of leave days.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.