Supreme Court overturns earlier ruling in Silo Tank case
The Supreme Court today issued a judgment in the lawsuit brought by ten Hungarian drivers against their former employer, Silo Tank Kft.
The judgment of the Supreme Court concerns whether Hungarian drivers should have received Dutch wages for the international transport activities they carried out on behalf of Silo Tank (now Van den Bosch Transport Kft.) in the period 2007-2012.
Hungarian or Dutch wages
On 2 May 2017, the 's-Hertogenbosch Court of Appeal ruled that the drivers were not entitled to Dutch wages. This ruling was overturned by the Supreme Court on 23 November 2018. On 27 July 2021, the Arnhem-Leeuwarden Court of Appeal ruled that the drivers were entitled to Dutch wages.
Annulment of previous ruling
The Supreme Court today overturned the judgment of the Arnhem-Leeuwarden Court of Appeal of 27 July 2021. This means that the Hungarian drivers are not entitled to claim Dutch wages. The case is being referred to the Amsterdam Court of Appeal. In doing so, the Supreme Court is following the earlier judgment of the Advocate General. The Supreme Court thus overturns the Court of Appeal’s judgment that the Netherlands was the Hungarian drivers' usual country of work.
Confirmation of correct action
Van den Bosch CEO Rico Daandels is pleased with the ruling: "The Supreme Court ruling confirms that we acted correctly and that the drivers have always been paid appropriately." According to Daandels, the ruling once again proves the complexity of this matter - not only within this case, but across the sector. Moreover, the case is harming the industry's image. "We are now 10 years on and unfortunately have to conclude that the attitude and tone of the Trade Union Federation (FNV) have been polarising and damaging to the sector."
