Vehicles from the Netherlands - Full Crash -

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 THE BUNDESGERICHT
DECISION

 

A)
If a worker is injured in an accident in road traffic, there is no operational intervention in the established and exercised
Commercial enterprise of the employer (continuation Senatsurteil of 14.
October
2008
-
VI ZR 36/08, VersR 2008, 1697 Rn. 5).
(B)
If the worker injured in an accident on a road transport is
To be paid by the employer on the basis of an employment agreement
Profit share despite his temporary incapacity for work,
This is the assumption of a (normative) loss of earnings in
Amount of the incapacity for work caused by the accident
T-
Falling part of the premium. Whether the profit participation
As a reward in the narrower sense, as a reward for the
Past proven company lanes or as an incentive for future company lorry or connects these elements, is basically without significance in terms of damages (continuation of Senatsurteil of 7 May
1996)
-
VI ZR 102/95, BGHZ 133, 1, 4 ff.).
C)
To the employer's active legitimation with regard to the right to compensation for loss of earnings which is initially due to the employee.
(D)
For the calculation of the portion of the unemployment benefit due to the period of incapacity for work
Bonus.
BGH, judgment of 22 November 2016
-
VI ZR 40/16
-
LG Tübingen, Germany
AG Tübingen, Germany

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