3. Employment – illness

European Commission v Strack C-579/12 [2013] All ER (D) 203 (Sep); NLJ 4 October

Under the case law of the EU, it could not be accepted that a worker’s right to a minimum paid annual leave, guaranteed by EU law, might be reduced where the worker could not fulfil his obligation to work during the reference period due to an illness. Further, under a general principle of interpretation, an EU measure had to be interpreted, as far as possible, in such a way as not to affect its validity in conformity with primary law as a whole and, in particular, with the provisions of the Charter.