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

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.

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Publication Details

Journal
European Labour Law Journal
Published
2026-04-06
DOI
https://doi.org/10.1177/20319525261434849
Primary Topic
Corporate Governance and Law
Type
article
Field-Weighted Citation Impact
0.00
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article

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

Bernadett Solymosi-Szekeres
European Labour Law Journal
Corporate Governance and Law
article

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

Bernadett Solymosi-Szekeres
article en

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.

European Labour Law Journal
University of Miskolc (HU)
Peace, Justice and strong institutions
Openalex Percentile: Top 20%
Corporate Governance and Law
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