Aplicación de la Carta de Derechos Fundamentales de la Unión Europea a las relaciones laborales jurídico-privadas. Tribunal de Justicia de la Unión Europea. Sentencia -Sala Primera- de 9 de noviembre de 2023, Keolis Agen (C-27122 y 275/22)

Abstract

The Keolis Agen ruling of the Court of Justice in 2023 addresses the issue of postponement of untaken holidays and compensation for termination of contract. Although these issues may seem common, the ruling takes on importance for the way in which the Court incorporates and gives a central role to the Charter of Fundamental Rights of the European Union. The Court elevates the Charter to its highest rank, establishing its direct and unconditional application in private law relationships, especially in the workplace. This means that the Charter applies in contexts where it is not explicitly mentioned, allowing its invocation in situations involving private employment relationships. By affirming that the Charter applies regardless of the legal nature of the employer, the Court expands its scope to the private sector, consolidating its importance in the workplace. This development has significant implications for labor law in the European Union and raises questions about its possible expansion to other areas of Labour Law in the future.