Austria's Annual Leave Legislation on its Long Journey to Europe

Abstract

This article discusses a recent decision of the Austrian Supreme Court on the period of limitation for annual leave entitlements in light of the Working Time Directive 2003/88 (WTD). In the past, the Supreme Court's case law has repeatedly been criticised in the literature, as the Court – based on the corresponding national provision – considered the (rather long) period of limitation after the mere passage of time to be in line with EU law. The decision under discussion has now changed this line of case law, but questions remain over the legal methodology. Austrian Supreme Court ( Oberster Gerichtshof – OGH) of 27.6.2023, 8 ObA 23/23z, ECLI:AT:OGH0002:2023:008OBA00023.23Z.0627.000.