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Supreme Court of Denmark

Reference to the EU Court of Justice 
15-07-2013 

Case no. 248/2012
 

Judgment delivered on 15 July 2013


The Danish Association of Professional Technicians acting for A
vs.
The Employee's Guarantee Fund


No questions were to be referred to the EU Court of Justice for a preliminary ruling, as, based on a preliminary assessment, there was no doubt as to the interpretation of relevant EU provisions on parental leave

Acting for A, L instituted proceedings against G claiming compensation under Section 3 of the Salaried Employees Act for pay during a notice period which coincided with A's unpaid parental leave. The High Court gave judgment in favour of G. During the pre-trial stage before the Supreme Court, L requested that questions be referred to the EU Court of Justice for a preliminary ruling. The questions primarily concerned whether the right to receive a notice of termination and compensation is a protected right during parental leave under the Parental Leave Directive (Directive 96/34), particularly Article 2(6). In addition, L wished to refer a question concerning the principles for calculation of compensation. G submitted that there was no basis for referring questions for a preliminary ruling. The Supreme Court held that, according to a preliminary assessment, there was no doubt as to the interpretation of the relevant EU provisions which justified referring questions to the EU Court of Justice. Consequently, the request for a preliminary ruling was not granted.

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