Schultz - Hoff appeared to have left open the possibility that in
these circumstances holiday entitlement could accrue indefinitely, assuming that under local law it could not be taken concurrently with sick leave.
The advocate general dismissed these arguments, pointing out that the minimum
holiday entitlement was a fundamental social right, and it would be impossible to ensure a comparable level of protection across the EU if member states were allowed to stipulate
circumstances in which it could be lost because a worker was ill.