Because a trucking company did not comply with the rules on driving time, the Court of Appeal of Rennes was able to grant a truck driver to give an indemnity as compensation for damage suffered on the basis of civil liability common law (CA Rennes, 13 September 2011, No. 10/00368). In this case, if the existence of willful misconduct was amply proven, demonstration of a definite damage actually caused by the actions of the employer was not obvious. But judges will liberally interpret the requirements of conventional civil liability for negligence (C. civ., art, 1382, which is not explicitly mentioned).
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