This is a case of French origin which questions a French rule under the French Labour Code that workers must be in employment for a minimum period to qualify for annual leave. In this case, Ms Dominguez claimed entitlement to paid annual leave not taken in respect of the period between November 2005 and January 2007 due to absence from work granted after an accident and, in the alternative, compensation.

The Court of Justice was asked three questions by the French Court of Cassation:

(1) Whether Article 7(1) of Directive 2003/88 must be interpreted as precluding national provisions or practices which make entitlement to paid annual leave conditional on a minimum period of ten days' or one month's