King began working for SWWL as a salesman

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ATANCHEV presented on June Case C C. King against Sash Window Workshop Ltd Richard Dollar Request for a preliminary ruling from the Court of Appeal England and Wales Civil Division Social policy Article of Directive EC and the right to paid annual leave Article of the Charter of Fundamental Rights of the European Union in horizontal disputes between two private entities Lack of an adequate mechanism throughout the duration of the employment relationship in order to exercise of the right to paid annual leave Regulation of a Member State requiring workers to take leave first before they can know whether it will be paid.

Article of Directive and the right to financial allowance in the place of the Country Email List unpaid leave until the termination of the employment relationship The right to an effective remedy The main dispute and the preliminary question The first respondent in the main proceedings Sash Window Workshop Ltd SWWL is a company that supplies and installs windows and doors. The second respondent Richard Dollar is one of the managing directors of SWWL. Mr.  on June . He was paid on a commissiononly basis indexed to sales and received no vacation pay. The right to paid leave was not stipulated in his contract which did not mention any right to paid annual leave. The contract was qualified in the referral decision as a contract concluded with a worker carrying out independent activities remunerated exclusively on a commission basis.




However in SWWL offered Mr King a contract of employment which according to claims made by Mr Kings representative at the hearing included all the rights normally enjoyed by workers such as the right to paid annual leave. Mr. King preferred to remain selfemployed. Mr King worked for SWWL continuously until he was made redundant with effect from the date of his th birthday on October . On.