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Summary

2010-12-17

2011/10: Danish Supreme Court turns off the money printer in relation to failure to inform employee of employment particulars (DE)

Following a period of confusion regarding the level of compensation for inadequate statements of employment particulars, the Danish Supreme Court laid down a number of assessment principles to apply when setting the correct level. In this particular case, the employee was awarded approximately € 1,350 in compensation for never being issued with a statement of particulars, although he had requested one.

Højesteret (Danish Supreme Court), 2010-12-17

Case report

2010-07-06

Spain

2011/13: Spanish Supreme Court follows Schultz-Hoff (SP)

The ECJ’s rulings in Schultz-Hoff, Stringer and Pereda have forced the Spanish Supreme Court to change its doctrine in respect of paid annual leave accrued during sick leave.

Tribunal Supremo de España (Spanish Supreme Court), 2010-07-06

Summary

2010-07-06

2011/13: Spanish Supreme Court follows Schultz-Hoff (SP)

The ECJ’s rulings in Schultz-Hoff, Stringer and Pereda have forced the Spanish Supreme Court to change its doctrine in respect of paid annual leave accrued during sick leave.

Tribunal Supremo de España (Spanish Supreme Court), 2010-07-06

Case report

2010-04-22

Denmark

2010/67: Failure to provide a ‘statement of employment particulars’ can be costly (DE)

An employee was awarded 20 weeks’ pay in compensation for never being issued with a statement of particulars, although she had requested one.

The Copenhagen City Court, 2010-04-22

Summary

2010-04-22

2010/67: Failure to provide a ‘statement of employment particulars’ can be costly (DE)

An employee was awarded 20 weeks’ pay in compensation for never being issued with a statement of particulars, although she had requested one.

The Copenhagen City Court, 2010-04-22

Case report

2010-01-01

Hungary

2010/88: Shared liability of employer and employee for breach of European road transportation rules (HU)

Regulation 561/2006 makes the employer of a truck driver liable for failure by the latter to observe the rules provided therein. However, the Regulation allows Member States to exempt from such liability those employers who have done all they reasonably could have to prevent their drivers from breaking the rules. This makes it possible for Hungarian courts to fine drivers and their employers in proportion to their respective share of responsibility for an offence.

Kuria (Hungarian Supreme Court)

Summary

2010-01-01

2010/88: Shared liability of employer and employee for breach of European road transportation rules (HU)

Regulation 561/2006 makes the employer of a truck driver liable for failure by the latter to observe the rules provided therein. However, the Regulation allows Member States to exempt from such liability those employers who have done all they reasonably could have to prevent their drivers from breaking the rules. This makes it possible for Hungarian courts to fine drivers and their employers in proportion to their respective share of responsibility for an offence.

Kuria (Hungarian Supreme Court)

Case report

2009-12-15

Austria

2010/54: Seniority-based pay scheme must take prior foreign service into account (AT)

Seniority-based pay schemes for public servants must take account of periods of service with comparable employers in other Member States.

Oberster Gerichtshof (Austrian Supreme Court), 2009-12-15

Summary

2009-12-15

2010/54: Seniority-based pay scheme must take prior foreign service into account (AT)

Seniority-based pay schemes for public servants must take account of periods of service with comparable employers in other Member States.

Oberster Gerichtshof (Austrian Supreme Court), 2009-12-15