Pereda v Madrid Movilidad SA, ECJ case C-277/08 - ECJ causes a problem by answering a question which was not put to it

The ECJ, answering a question which was not put to it, rules that if a worker falls sick while on holiday he is entitled to extra holiday to compensate after he has recovered.

Sr Vicente Pereda works for Madrid Movilidad SA, a company which is employed to remove cars wrongly parked on public highways. Pursuant to a collective agreement with the company's works committee, he was allocated a period of leave for 2007 from 16th July to 14th August.