The European Court of Justice (ECJ) ruled on Tuesday that people do not lose their right to be compensated for unused vacation days — even if they didn't apply to take them.

After examining four cases out of Germany, the court's decision grants more rights to employees and heirs with regards to vacation time payouts — albeit with several strict restrictions.

How the court ruled:

Workers do not automatically lose their vacation days — or their right to be compensated for them — if they did not take those days off, the ECJ ruled.

A person can lose those rights, however, if an employer can prove that the employee was given ample opportunity to take vacation.

These rules particularly apply to workers whose employment contracts have either ended or were terminated.

The court rejected, however, any interpretation of its ruling that would encourage employees to refrain from taking their vacation days in order to secure compensation when their contract ends. They said that such action is "incompatible" with EU law on paid annual leave.

In a separate issue, the ECJ also confirmed that a worker's right to paid leave "does not lapse" when the person dies. The family members and heirs of the deceased are also entitled to compensation for the deceased employee's unused vacation time.

Germans' favorite vacation destinations Germany – from Bavaria to … The most popular vacation destination for Germans is their own homeland. In 2015, 29 % of German holidaymakers spent their vacation in Germany. The most popular state to visit was Bavaria, with its attractions like the fairytale castle at Neuschwanstein and Oktoberfest. Still, it was a neck-and-neck race with the seaside of its northern counterpart, Mecklenburg-Pomerania.

Germans' favorite vacation destinations Mecklenburg-Pomerania German holidaymakers flock to Baltic Sea beaches; resorts with famous spa architecture such as in Sellin on Rügen, the biggest German Baltic Sea Island, are most popular. Despite more than 2000 kilometers (1242 m) of coastline in Mecklenburg-Pomerania, life's not only a beach there. It's home to untouched nature as well as the idyllic Hanseatic brick-gothic towns of Stralsund, Wismar and Rostock.

Germans' favorite vacation destinations Spain Still, two-thirds of the vacations taken by Germans land them abroad, with Spain topping the list of destinations. Olé! In 2015, beach and party holiday makers most frequented the Balearic Islands, like Mallorca (above), followed by the Canary Islands of Tenerife and Fuerteventura. Their popularity might actually grow this year as many avoid holidaying in northern Africa over security concerns.

Germans' favorite vacation destinations Italy Germans remained faithful to "bella Italia", making it the third most popular country destination for holiday makers in 2015. Most headed to central Italy, with its idyllic countryside and medieval cities of Tuscany, Umbria and Latium. It may get crowded, though, as outside of Rome, the country is wildly popular not just with German travelers but particularly with British holidaymakers too.

Germans' favorite vacation destinations Turkey Protected coasts, turquoise-blue sea, some 400 beaches and excellent tourism infrastructure; Turkey has a lot to offer. It landed in fourth place in 2015 with German travelers. Very popular was the Turkish Riviera around Antalya. It remains to be seen if Turkey can keep this position in 2016 or if security concerns might help other sunny destinations like Bulgaria or Portugal make gains.

Germans' favorite vacation destinations Austria Clear air, secluded mountain pastures, fabulous views; Germany's neighbor Austria comfortably secured fifth place in the top ten holiday destinations of Germans in 2015. But over the long term there's been a steady decline of German visitors to the mountains, as just 8% (2005:10%, 1995:12%) took to the Alpine regions in France, Italy, Austria, Germany and Switzerland.

Germans' favorite vacation destinations Croatia Holidaying by the Mediterranean Sea has been a steadily growing trend. Croatia, once destroyed by war, is becoming increasingly popular with families seeking beach vacations offering crystal clear lakes, more than 1000 islands and picturesque old town centers, like Dubrovnik (pictured). The Balkan country has become the sixth most popular holiday destination for Germans, just ahead of France.

Germans' favorite vacation destinations Greece Whitewashed houses, sun, culture – Greece also made it into the top ten holiday destinations of Germans in 2015. The outlook for 2016 is far from certain. Bookings in the eastern Aegean Sea have plummeted due to the refugee crisis, while other Greek destinations like Crete and Corfu, according to leading travel company Tui, have seen continued gains.

Germans' favorite vacation destinations France France slipped to 8th place! With every seventh German holidaymaker staying away, the country has slid down its throne. Nevertheless the country of fashion and wine is still a popular vacation destination, as the joie de vivre drew holidaymakers to the Cote d'Azur, like Nice (pictured), with its culinary delights, fashionable beach promenades and the chance to explore coastal villages.

Germans' favorite vacation destinations Poland German vacationers are by far the greatest fans of Poland as they make up the biggest number of foreign visitors. The popular regions are Silesia with its metropolis Wrocław, or Breslau as Germans call it, Warmia and Mazury as well as the Pomeranian Bay on the Baltic. Poland also is a comparatively cheap holiday destination. This all earned it 9th place for the second consecutive year.

Germans' favorite vacation destinations The Netherlands Coming in 10th is The Netherlands. Most holidays here are defined by beach fun at the North Sea, biking tours through tulip fields and passing windmills or spending time in the canal city of Amsterdam. Germans travelling to the Netherlands are changing their behavior though: in 2015 most preferred to come here for a short break rather than spending their main annual vacation in the Netherlands. Author: Frederike Müller



What were the cases?: Two of the cases involved the vacation days of deceased employees. Two widows requested compensation payments for the vacation time that their husbands were unable to take because they passed away. Germany's Federal Labor Court asked the ECJ whether the women have a right to the payouts under EU law, as German law doesn't grant them this right.

Another two cases out of Germany asked the question: Does vacation time expire if it isn't taken?

A legal trainee in Berlin who decided not to take vacation during the last five months of his traineeship petitioned for compensation for his vacation time. His employer argued that he wasn't restricted from taking the time off during his traineeship. Another case involved a former employee of the Max Planck Society who wanted to be compensated for 51 days of vacation that he hadn't taken in two years. His employer also argued that he wasn't stopped from taking the days.

Watch video 01:05 Share Tourist numbers rise again in Germany Send Facebook google+ Whatsapp Tumblr linkedin stumble Digg reddit Newsvine Permalink https://p.dw.com/p/2sNVs Tourist numbers rise again in Germany

German vacation time laws: Employees working five days a week in Germany are guaranteed at least 20 vacation days in a year. Depending on the contract, some are entitled to more. According to German law, vacation days must be taken within the year that they are issued. They can be carried over into the next year, but must be taken by the end of March.

Both German and EU law stipulate that unused vacation time cannot be paid out, with one exception — if the contract is terminated. German court rulings have gone a step further, saying that a person can only be compensated for their unused days if their application for vacation was rejected.

What happens next: German courts turned to the ECJ for guidance on vacation time rights under EU law. The EU rulings will now go back to the German courts, who will make a final ruling in the cases.

10 places Germans like to hang out in the summer At their small garden plots Known as a Schrebergarten, many urban-dwellers have a small garden plot outside the city where they can grow vegetables, relax, BBQ and enjoy the greenery. Germany's nearly 1 million garden plots - which began in the early 19th century to feed the poor - are strictly regulated. You may build a small house on your less than 400-square-meter plot but you can't move in and a portion must be planted.

10 places Germans like to hang out in the summer At the local Italian ice cream parlor There are well over 5,000 ice cream parlors in Germany and many are family-run by Italian immigrants. During the summer, you often have to wait for a table on the terrace. Besides just scooping popular flavors like vanilla, stracciatella and hazelnut, many parlors offer specialty dishes including "spaghetti ice cream." The sweet stuff is pressed into noodle form and topped with strawberry sauce.

10 places Germans like to hang out in the summer In the public outdoor pool There are some 7,000 public swimming pools in Germany and over half of them are so-called "free pools" - Freibäder. No, they're not free of charge; they're dubbed "free" because they located outdoors rather than in a hall (Hallenbad). While indoor pools are open all year, the Freibad is particularly popular during the summer months.

10 places Germans like to hang out in the summer At the lake Though it's landlocked on three sides, Germany is home to countless lakes and many of them are suitable for swimming and boating. The Chiemsee lake in Germany's southeastern-most corner has good water quality and stretches of sandy beaches, which makes it particularly popular among summer swimmers and sunbathers. It's also Germany's third-largest lake - so it's never too overcrowded on peak days.

10 places Germans like to hang out in the summer At a music festival Summer is the season for music lovers in Germany. There's a festival practically every weekend - from rap to reggae. The photo is from Splash!, the country's largest hip hop festival, which takes place at an outdoor industrial museum. Wacken Open Air, the world's biggest heavy metal festival, and Hurricane, featuring alternative to mainstream sounds, are also highlights.

10 places Germans like to hang out in the summer Exploring Berlin Over 12 million people visited Berlin last year, with nearly 40 percent coming from abroad. That means quite a few Germans journey to the capital as well. During the summer months, during school break, it's an opportunity to show young people from less urban regions where the government works - and do some serious shopping, of course. While Berlin winters are harsh, its summers tend to be sunny.

10 places Germans like to hang out in the summer In the Biergarten In 1812, Bavaria's King Maximilian I ruled that beer gardens could be set up in Munich for the first time, and the garden near the Augustinerkeller is considered the oldest. But since then, the outdoor pubs have become common all over the country and are a popular summer pastime after work and on weekends. With 8,000 seats, the Hirschgarten Biergarten in Munich (pictured) is the country's largest.

10 places Germans like to hang out in the summer At the movies Visits to German cinemas have risen from 127.3 million in 2005 to 139.2 million in 2015 - largely due to new technology like 3D films. On particularly hot days, movie theaters are a needed refuge from the heat, and are a way to kill time on days off. Blockbusters like "The Legend of Tarzan," "Independence Day 2" and "Ghostbusters" have all opened in Germany this summer.

10 places Germans like to hang out in the summer On their bikes Germany is strewn with an extensive network of cycling paths that get extra use during the summer. They lead bikers into woods (like the Bavarian Forest), urban jungles (like the cycling "Autobahn" across the Ruhr region), and through agricultural delights, like the Ahr Valley path pictured here. The region is known for its hillside vineyards and red wine.

10 places Germans like to hang out in the summer On the beach in Germany's '17th state' The Spanish island of Mallorca is often referred to as Germany's 17th state. Indeed, for millions of German vacationers - who lovingly refer to the sunny, sandy isle as "Malle" - it's practically a second home. For over 30,000 Germans, it is their home. That means visitors are bound to find all the comforts of home - from German-speaking staff to their favorite wurst - without the dreary weather.



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