In Smith v AJ Morrisroes & Sons Ltd and other appeals, the EAT holds that the guidelines set out by the EAT in Marshalls Clay require that "there must be mutual agreement for genuine payment for holidays, representing a true addition to the contractual rate of pay for time worked."
In Pfeiffer and others v Deutsches Rotes Kreuz, Kreisverband Waldshut eV, the European Court of Justice held that the exclusion of 'road transport' from the provisions of the Working Time Directive did not cover emergency workers, even when they used a road vehicle and accompanied patients on their journeys to hospital.