CJEU judgments issued in joined cases on right to pay in lieu of annual leave

In joined cases C-569/16 and C-570/16  the Court confirms (in cases brought in Germany) that -

‘… under EU law, a worker’s right to paid annual leave does not lapse upon his death. In addition, it states that the heirs of a deceased worker may claim an allowance in lieu of the paid annual leave not taken by the worker.

In the event that national law precludes that possibility and is therefore incompatible with EU law, the heirs may directly rely on EU law, both against a public and a private employer.’

... and in Judgments in Cases C-619/16 and C-684/16 (also relating to cases brought in Germany) the court finds that -

EU law precludes a worker from automatically losing the days of paid annual leave to which he was entitled under EU law and, consequently, his right to an allowance in lieu of the leave which is not taken, solely
because he did not apply for leave before the employment relationship ended (or during the
reference period).

Those rights may lapse only if the employer actually gave the worker the opportunity, in particular through the provision of adequate information, to take the leave days at issue in good time, which the employer must prove he has done.