Arbetsdomstolen and Laval
Thu, Dec 3, 2009 posted by the Editors
Yesterday in Laval, the Swedish labour court awarded to the Latvian company (Laval un Partneri) around 50 000 euros (550 000 kr) in general damages for a breach of Article 49 EC (Article 56 TFEU) and around 200 000 euros for reimbursement of the judicial costs. The labour court - which is also a court of last instance – was clearly not unanimous (4 judges against 3) and did not send any preliminary reference to the Court of Justice. Though the absence of explicit national provision and case law from the Court of Justice, the Arbetsdomstolen awarded damages in a horizontal situation relying inter alia on Article 10 EC (Article 4 TEU), Case C-453/99 Courage and Case C-94/07 Raccanelli.
You can have access to the case (only in Swedish) here: http://www.arbetsdomstolen.se/upload/pdf/2009/89-09.pdf.
The Editors
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