34Furthermore, as the referring court observed in its order for reference, a case-by-case assessment of the question whether an employer which continues to pay the salary may be regarded as the economically weaker party in order to be covered by the definition of ‘injured party’ within the meaning of Article 11(2) of Regulation No 44/2001, would give rise to the risk of legal uncertainty and would be contrary to the objective of that regulation, laid down in recital 11 thereof, according to which the rules of jurisdiction must be highly predictable.
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