Williams and Others v British Airways plc C-155/10, [2011] All ER (D) 65 (Sep)
Court of Justice of the European Union (First Chamber), Judges Tizzano (President of the Chamber), Kasel, Borg Barthet, Levits (Rapporteur), and Berger, 15 Sep 2011
Under Art 7 of Council Directive 2003/88/EC (the Working Time Directive) an airline pilot is entitled, during his annual leave, not only to the maintenance of his basic salary, but also, first, to all the components intrinsically linked to the performance of the tasks which he is required to carry out under his employment contract and in respect of which a monetary amount, included in the calculation of his total remuneration, is provided and, second, to all the elements relating to his personal and professional status as an airline pilot.
The appellant pilots were employed by the respondent airline. Their terms of employment were contained in a Memorandum of Agreement (MOA), which comprised three components.
The first was a fixed annual sum. The second and third were supplementary payments which varied according to, first, the time spent flying, the supplement being calculated at a rate
