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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

2009-12-18

United Kingdom

2010/55: Working time regulations to be interpreted in accordance with Pereda (UK)

An employee whose pre-arranged annual leave coincided with a period of sickness was entitled to carry his leave entitlement over to the following year. The Working Time Regulations 1998 (the "WTR") should be interpreted purposively to achieve this result, so as to give effect to the decision of the ECJ in Pereda v Madrid Movilidad (C-277/08).

Employment Tribunal (Leeds), 2009-12-18

Summary

2009-12-18

2010/55: Working time regulations to be interpreted in accordance with Pereda (UK)

An employee whose pre-arranged annual leave coincided with a period of sickness was entitled to carry his leave entitlement over to the following year. The Working Time Regulations 1998 (the "WTR") should be interpreted purposively to achieve this result, so as to give effect to the decision of the ECJ in Pereda v Madrid Movilidad (C-277/08).

Employment Tribunal (Leeds), 2009-12-18

Case report

2009-12-16

Denmark

2010/44: Court allows dismissal of pregnant employee despite no "exceptional case" (DE)

Proving that the dismissal of a pregnant worker is not pregnancy-related is not necessarily difficult.

The Danish Western High Court, 2009-12-16

Summary

2009-12-16

2010/44: Court allows dismissal of pregnant employee despite no "exceptional case" (DE)

Proving that the dismissal of a pregnant worker is not pregnancy-related is not necessarily difficult.

The Danish Western High Court, 2009-12-16

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

Case report

2009-12-08

Belgium

2010/74: A public employer can invoke the vertical direct effect of Directive 2001/23 to the detriment of its employees (BE)

A public entity that transfers its waste collection activities to another public entity can rely directly on Article 3(1) of the Acquired Rights Directive 2001/23/EC to automatically transfer the employment contracts of the workers concerned, without their consent.

Labour Court of Namur, 2009-12-08

Summary

2009-12-08

2010/74: A public employer can invoke the vertical direct effect of Directive 2001/23 to the detriment of its employees (BE)

A public entity that transfers its waste collection activities to another public entity can rely directly on Article 3(1) of the Acquired Rights Directive 2001/23/EC to automatically transfer the employment contracts of the workers concerned, without their consent.

Labour Court of Namur, 2009-12-08