Assignment intersection 3000 words

You have been assigned by your Advocate General to draft an Advocate General's Opinion on a recent case.

You should draft it in English, by researching and including the relevant EU Treaty provisions, legislation and CJEU's case law, as well other reliable authorities.

draft an Advocate General's Opinion, to be presented at the next meeting of your Advocate General's cabinet.

Workmania is an EU Member State.

ThermalFun is a company operating in the tourism sector. It has its headquarters in Workmania and employs a number of workers who previously have completed periods of service with different employers in the territory of Member States other than Workmania.

According to Workmania's law, all workers with 25 years of professional experience with the same employer are entitled to sixth weeks of holiday per year. This is to award worker loyalty for staying with the same employer.

The law also says that when it comes to employees who previously worked abroad, only a maximum of five years of previous periods of service with other employers established in other Member States will count. This means that, for example, if someone had worked 25 years outside Workmania, only five years of service will be counted when calculating their entitlement to annual holidays in Workmania, and they will be entitled only tofive weeks of annual holiday.

ThermalFun's trade union that represents all current employees brought a legal action against ThermalFun in a national court. The trade union claims that all employees are equally entitled to paid annual holiday, irrespective whether they have completed previous periods of service with different employers in the territories of other Member States.

The national court stayed the proceedings and referred the case to the Court of Justice of the European Union under the preliminary ruling process, asking you the following question:

"Critically evaluate the EU rules on the free movement of workers. Should these rules be interpreted as precluding a national law (under which a worker who has a total of 25 years of service but has not completed these with the same employer in Workmania) be entitled to only five weeks of annual holiday? Comparatively, should a worker who has completed 25 years of service with the same employer in Workmania be entitled to six weeks of holiday per year?"