Reference to the EU Court of Justice

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

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.