EU: modifying its previous case law, the ECJ limits the possibility for employees to accumulate entitlements to paid annual leave during absence for illness

to contain the impact of one of its case laws, the mostly vividly criticized by employers. In a ruling rendered in early 2009, the European judges laid down the principle that the national provisions providing for the lapse of the right to paid annual leave not taken because of illness were contrary to Community law. One can easily imagine what this means in case of absence, should holiday and holiday pay continue to accrue during sickness absence. Since it precisely had to rule in a similar