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PART ONE GENERAL PRINCIPLES OF LABOUR LAW AND KEY CONCEPTS Neth. 1 THE NETHERLANDS Supreme Court decision of 18 September 2015 e S Th tate of the Netherlands v. an employee Transposition of EU Directive 2003/88/EC on the Organisation of Working Time – conditions for claiming monetary compensation for denied paid annual leave HEADNOTES Facts This case involved the claim of a disabled employee who under the existing statutory rules had only been granted a partial right to paid annual leave. In a procedure against the State of the Netherlands, he claimed monetary compensation of €2651 for denied annual leave, asserting that the action was contrary to Article 7(1) of the European Union (EU) Directive 2003/88/EC on the Organisation of Working Time. The Court of First Instance of e Th Hague found in favour of this claim on the basis of the so-called Francovich doctrine. The State of The Netherlands appealed to the Court of Appeal of The Hague. This Court confirmed the judgement of the Court of First Instance, but on a different legal basis, namely the general law of civil liability of public authorities for illegal legislation. The State then petitioned the Dutch High (Supreme) Court to
International Labour Law Reports Online – Brill
Published: Nov 15, 2018
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