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'The purpose of the entitlement to sick leave is different. It is given to the worker so that he can recover from being ill. It follows...that a worker who is on sick leave during a period of previously scheduled annual leave has the right, on his request and in order that he may actually use his annual leave, to take that leave during a period which does not coincide with the period of sick leave.'

But employment lawyer David Beswick said the court's decision had the potential to create a 'malingerers' charter'.

Mr Beswick, a partner at law firm Eversheds, said the ECJ had established the principle that employees could seek extra holiday if they fell ill while on leave.

He added: 'There has been a question over what obligations an employer has if you fall ill while on holiday. This ruling establishes the principle that an employee can effectively claim back the time.

'There is a clear danger of abuse. An employee could increase their holiday entitlement by claiming they were sick while on leave. It may be only the occasional bad penny who does this but the impact should not be underestimated.

'The question now is what level of evidence employers will require. They could ask people on holiday abroad to get a certificate from a local doctor, but many firms have self-certification for the first seven days so that could be hard to establish.'

Stephen Booth, of the think-tank Open Europe said: 'Yet again the ECJ has extended the EU's power over employment policy.

'This case illustrates what can happen when the UK signs up to EU laws without considering the potential consequences.

'This is the sixth or seventh time the EU's unelected judges have extended the reach of the original directive and increased costs for businesses.'

The Department for Business, Innovation and Skills declined to comment.