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    If both the transferor and transferee are affiliated to one and the same mandatory industry-level pension fund, the transferee is liable vis-à-vis that pension fund for pension contributions (premiums) due but not paid to that fund prior to the date of transfer. A judgment to this effect, which was reported in EELC in 2013/35, was recently confirmed on appeal.


Zef Even
Zef Even is an advocaat with SteensmaEven, www.steensmaeven.com.

    Austrian law permits the dismissal of an employee during parental leave only in cases where the employer cannot reasonably be expected to continue the contractual relationship. The colour of a hair ribbon does not justify the termination of a young father’s employment as a bus driver.


Christina Hießl
Christina Hießl is invited professor at Yonsei University, Graduate School of Social Welfare, Seoul http://yonsei.ac.kr.
ECJ Court Watch

ECJ 17 December 2015, joined cases C-25/14 and C-26/14. (UNIS), Free Movement – Social Insurance

Union des syndicats de l’immobilier (UNIS) –v– Ministre du Travail, de l’Emploi, de la Formation professionnelle et du Dialogue social, Syndicat national des résidences de tourisme (SNRT) and Others and Beaudout Père et Fils SARL –v– Ministre du Travail, de l’Emploi, de la Formation professionnelle et du Dialogue social, Confédération nationale de la boulangerie et boulangerie-pâtisserie française, Fédération générale agroalimentaire FGA – CFDT and Others, French case

Journal European Employment Law Cases, Issue 1 2016

    A day care provider, Estro Groep B.V., (‘Estro’) went into pre-arranged (‘pre-pack’) receivership. Immediately afterwards, a large part of its business was taken over by another day care provider, Smallsteps B.V. (‘Smallsteps’). The latter did not offer employment to all of Estro’s employees, taking the position that the takeover did not constitute the transfer of an undertaking. This position was based on the fact that Estro was in receivership at the time of the takeover. According to the Dutch law transposing the Acquired Rights Directive, such takeovers are exempted from the rules on transfers of undertakings. A union and five of the employees whom Smallsteps had not offered jobs, relying on the wording of Article 5(1) of the Directive (“insolvency proceedings which have been instituted with a view to the liquidation of the assets”), claimed that they had become Smallsteps employees. The court referred questions to the ECJ for a preliminary ruling.


Peter Vas Nunes
Peter Vas Nunes is an advocaat with BarentsKrans in The Hague, www.barentskrans.nl.
ECJ Court Watch

Case C-570/15. Free Movement – Social Insurance

X –v– Staatssecretaris van Financiën, reference lodged by the Dutch Hoge Raad on 5 November 2015

Journal European Employment Law Cases, Issue 1 2016
Keywords free movement – social insurance
ECJ Court Watch

Case C-509/15. Free Movement

Recep Kilic –v– Land Berlin, reference lodged by the German Verwaltungsgericht Berlin on 24 September 2015

Journal European Employment Law Cases, Issue 1 2016
Keywords free movement

    The employer may unilaterally stipulate or agree a salary with an employee that goes beyond the equal treatment standards, to the employee’s benefit if there is a material reason. The reason must either represent a competitive advantage compared to other employees, or the unequal treatment must be a substantial requirement necessary for the particular work.


Nataša Randlová
Nataša Randlová is a lawyer with the Prague firm Randl Partners, www.randls.com.
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