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European Observer on fundamental right's respect

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Case Law C-429/09 (25/11/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/25/2010

Subject: The Court affirmed that a worker in the public sector who has completed a period of average weekly working time exceeding that provided for in Directive 2003/88/EC may rely on European Union law to establish the liability of the authorities of the Member State concerned in order to obtain reparation for the loss or damage sustained as a result of the infringement of that provision. The reparation, for which the authorities of the Member States are responsible, of the loss or damage caused by them to individuals as a result of breaches of European Union law must be commensurate with the loss or damage sustained. In the absence of relevant European Union law provisions, it is for the national law of the Member State concerned to determine, while ensuring observance of the principles of equivalence and effectiveness, first, whether reparation for the loss or damage suffered by a worker as a result of the breach of a rule of European Union law, should take the form of additional time off in lieu or financial compensation for the worker and, second, the rules concerning the method of calculation of that reparation.

Parties: Fuß

Classification: Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified

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