Association de médiation sociale v Union locale des syndica...

Facts

• Association de médiation sociale (AMS), a Belgian social mediation association, was involved in a dispute with its employees concerning the calculation of notice periods for dismissals.
• The employees argued the calculation method contravened Article 31(2) of the Charter of Fundamental Rights of the European Union, which concerns paid annual leave.
• A Belgian court referred to the CJEU the question of whether Article 31(2) of the Charter could be relied upon directly against private employers.

Issues

1. Whether Article 31(2) of the Charter of Fundamental Rights on paid annual leave has horizontal direct effect, allowing individuals to invoke it against private parties.
2. Whether Article 31(2) can be directly enforced against private employers absent specific EU implementing legislation.
3. How provisions of the Charter interact with national laws implementing EU law in disputes between private parties.

Decision

• The CJEU held that Article 31(2) of the Charter does not have full horizontal direct effect and cannot be directly invoked against private employers without implementing EU legislation.
• Article 31(2) may serve as an interpretative tool when national legislation implements Directive 2003/88/EC.
• The Court noted that while certain Charter provisions, such as those on non-discrimination, may have direct effect against private parties, Article 31(2) requires further implementation and thus has only limited effect.

Legal Principles

• The Charter of Fundamental Rights binds EU institutions and Member States when they implement EU law, including in contexts involving private parties.
• The direct effect of EU law depends on each provision’s nature; some provisions have full horizontal direct effect, while others, such as Article 31(2), require implementation and thus have only limited effect.
• Provisions requiring further national implementation may inform interpretation of national law implementing EU law but do not impose direct obligations on private parties.
• Subsidiarity allows Member States discretion in transposing directives where Charter provisions do not possess full horizontal direct effect.

Conclusion

The CJEU concluded Article 31(2) of the Charter of Fundamental Rights lacks full horizontal direct effect and cannot be directly enforced against private employers, but may be used to interpret national legislation implementing EU directives within the scope of EU law.