(Appeal number C-350/2006): The ECJ has interpreted Article 7 of Directive 2003/88, which details an employee's right to at least four weeks paid holiday per year. On the basis of this article, the ECJ held that employees are not permitted to enjoy their holiday entitlements whilst on sick leave.
Notwithstanding the above, the ECJ stated that a Member State will violate Article 7 if its legislation does not allow employees to enjoy holidays once their sick leave has ended. An infringement will also occur even when the employee has been on sick leave for the whole calendar year. Finally, the ruling declared that in the event the employee is dismissed without enjoying his/her holiday entitlement, the employee should be financially compensated.
Experts have commented that previous Spanish case law on this topic could potentially conflict with this judgment. New trends in the Spanish courts may therefore be seen in the future.