Reimbursement of expenses
The question before the Ninth Senate was to decide whether an employee employed as a driver for a transport company has a claim against his employer for reimbursement of expenses incurred in acquiring a so-called driver card. Due to Regulation (EC) No. 561/206 of the European Parliament and of the Council, from May 1, 2006, digital tachographs will be required for newly registered trucks with a certain total weight in place of the previous analogue control devices. To operate this tachograph, every driver needs a so-called driver card, which contains a chip with the driver’s personal data and is not tied to the use of a specific vehicle. In its judgment of October 16, 2007 ( 9 AZR 170/07 ), the Ninth Senate decided that the employee is not entitled to reimbursement of expenses from his employer for the expenses incurred in purchasing the card. In particular, this claim does not follow analogously from Section 670 of the German Civil Code (BGB). The employee has his own interest in acquiring the driver card. It is issued for him personally and allows him to drive trucks with a permissible total weight of 3.5 t or more. The use of the card is not limited to the existing employment relationship. It can be used by any employer or for self-employment.