Case number and/or case name
BAG, 18.04.2012 – 10 AZR 200/11
Details of the court
Germany, Third Instance
Articles referred to by the court
Rome I
Article 9
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
17 April 2012
CJEU's case law cited by the court
Summary
The plaintiff is a trade union. The defendant is a Portuguese company. The defendant had sent employees from Portugal to Germany. The plaintiff requires continued payment from the defendant for the employees in cases of public holidays or involuntary illness. The court held that §§ 2, 3 of the German Continued Remunaration Law (EFZG) are no mandatory law within the meaning of Art. 9 Rome I.