CELEX: E2012J0010
Language: en
Date: 2013-03-25 00:00:00
Title: Judgment of the Court of 25 March 2013 in Case E-10/12 — Yngvi Harðarson v Askar Capital hf. (Directive 91/533/EEC — Obligation to inform employees — Amendments to a written contract of employment — Effect of non-notification of amendments)

19.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 270/7
            
         JUDGMENT OF THE COURT
   of 25 March 2013
   in Case E-10/12
   Yngvi Harðarson v Askar Capital hf.
   (Directive 91/533/EEC — Obligation to inform employees — Amendments to a written contract of employment — Effect of non-notification of amendments)
   2013/C 270/05
   In Case E-10/12 Yngvi Harðarson v Askar Capital hf. — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Héraðsdómur Reykjavíkur (Reykjavík District Court), on the interpretation of Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 25 March 2013, the operative part of which is as follows:
   Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship must be interpreted as not requiring that compensation to an employee is to be assessed on the basis of a written contract of employment if no written document has been handed over to the employee concerning amendments, temporary or permanent, that may have been made to the essential aspects of the contract of employment or employment relationship between the parties within the time limits laid down in Article 5 of the Directive. This applies also in the context of bankruptcy proceedings or a comparable division of a limited liability company.