The Central Board of Appeal (the highest court in the social administrative law, civil and military officials law and parts of the pension law) decided that Legal Provisions for building up sickness rights with no minimum guarantee of four weeks paid leave are in conflict with EU law.

The Council considers in its official pronouncements that provisions in law which limits the buildup of vacation rights in illness situations are not in accordance with Article 7 of European Directive 2003/88, at least insofar as it does not ensure that the employee is entitled to an annual holiday with pay of at least four weeks.

In the opinion of the Central Board of Appeal, the Legal Arrangements are in conflict with EU law now that an employee can directly make an appeal on Article 7 of the European Directive and a guarantee as mentioned above is missing.

The Central Board of Appeals based his opinion partly on the rulings of the Court of Justice of the European Union. From these rulings Article 7 of Directive 2003/88 should be interpreted that all employees, even in illness situations, are guaranteed of holiday of at least four weeks of paid leave each year.