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Paid annual leave and the specific circumstances justifying the derogation: A study of C-37/25 YH v. GTC Dijon

Year: 2026

Type: article

Abstract: The right to annual paid leave is a key principle of the EU's social dimension. However, difficulties arise time and again in relation to the compliance of national law with EU law, often due to problematic employer practices. In this article, we analyse the case of C-37/25 YH v. GTC Dijon , but we also highlight that there are limits to the protection of an employee's right to annual paid leave, which the CJEU assesses in the context of ‘specific circumstances’. In our examination of this issue, we draw attention to the cases already outlined, while also critically highlighting the likely uncertainties ahead, which may necessitate comparative research between Member States.

Source: European Labour Law Journal

DOI: 10.1177/20319525261434849

Author: Bernadett Solymosi-Szekeres

Institution: University of Miskolc

Language: English

Topic: European Law and Migration

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDGs: Decent work and economic growth, Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,650