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Rulings

ECJ 24 March 2021, case C-950/19 (A), Miscellaneous, Other Fundamental Rights

A. Intervening party: Patentti- ja rekisterihallituksen tilintarkastuslautakunta, Finnish Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Miscellaneous, Other Fundamental Rights
Abstract

    The prohibition to ‘take up a position’ within the meaning of Article 22(a)(1)(a) of Directive 2006/43 includes concluding an employment contract, even if the employee has not yet begun to actually perform his or her duties in that post.

Case Reports

2021/2 Warning strike timing (HU)

Journal European Employment Law Cases, Issue 1 2021
Keywords Collective Agreements, Unions, Other Fundamental Rights
Authors Zsófia Oláh and Ildikó Rácz
AbstractAuthor's information

    This case involved an employer who claimed that a trade union organised an unlawful warning strike. The Curia (the highest judicial authority in Hungary) found that the trade union violated its obligation to cooperate with the employer according to Act No. 7 of 1989 on Strikes. The Curia and also the Regional Courts made some clear points on the question of the timing of a warning strike. The employer must be notified of a planned strike in sufficient time, which requirement also applies in the case of warning strikes. The time can be considered as sufficient if the employer is able to fulfil its rights to protect its property, prevent damage resulting from the strike, to carry out its duties to protect life and property, and to organise work accordingly. Failing this obligation, the warning strike is unlawful. The notice shall state the date and time that such action will commence.


Zsófia Oláh
Zsófia Oláh is a Partner at OPL Law Firm.

Ildikó Rácz
Ildikó Rácz is a Junior Associate at OPL Law Firm.
Rulings

ECJ 25 February 2021, Case C-940/19 (Les Chirurgiens-Dentistes de France and Others), Work and Residence Permit

Les chirurgiens-dentistes de France and Others – v – Ministre des Solidarités et de la Santé and Others, French case

Journal European Employment Law Cases, Issue 1 2021
Keywords Work and Residence Permit
Abstract

    Member States may authorise partial access to certain healthcare professions subject to the automatic recognition of professional qualifications; however this applies to the professions but not the professionals benefiting from automatic recognition, who should have full access to the activities covered by the corresponding profession in the host Member State.

Rulings

ECJ 25 February 2021, Case C-804/19 (Markt24), Competency

BU – v – Markt24 GmbH, Austrian Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Competency
Abstract

    Section 5 of Chapter II of Regulation (EU) No. 1215/2012 also apply if an employee in one member state was recruited to work in another member state, even though that work was not performed for a reason attributable to that employer. They preclude the application of national rules of jurisdiction in respect of an action irrespective of whether those rules are more beneficial to the employee.

Pending Cases

Case C-22/21, Other Forms of Free Movement

SRS and AA – v – Minister for Justice and Equality, reference lodged by the Supreme Court (Ireland) on 14 January 2021

Journal European Employment Law Cases, Issue 1 2021
Keywords Other Forms of Free Movement
Pending Cases

Case C-660/20, Part Time Work

MK – v – Lufthansa CityLine GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 4 December 2020

Journal European Employment Law Cases, Issue 1 2021
Keywords Part Time Work

Zef Even
Pending Cases

Case C-3/21, Social Insurance

FS – v – Chief Appeals Officer and Others, reference lodged by the High Court (Ireland) on 4 January 2021

Journal European Employment Law Cases, Issue 1 2021
Keywords Social Insurance
Pending Cases

Case C-574/20, Social Insurance

XO – v – Finanzamt Waldviertel, reference lodged by the Bundesfinanzgericht (Austria) on 3 November 2020

Journal European Employment Law Cases, Issue 1 2021
Keywords Social Insurance

    The UK failed properly to implement EU health and safety law by restricting protection from detriment on health and safety grounds to ‘employees’, the High Court (HC) ruled in a recent case. Such protection should be extended to the broader category of ‘workers’. Importantly, this ruling potentially increases employers’ exposure to Covid-19-related health and safety claims.


Shalina Crossley
Shalina Crossley is Partner at Lewis Silkin LLP.
Rulings

ECJ 17 December 2020, case C-601/19 P (BP v FRA), Miscellaneous

BP – v – European Union Agency for Fundamental Rights (FRA), EU Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Miscellaneous
Abstract

    Appeal against non-renewal of fixed-term contract found invalid.

Rulings

ECJ 25 March 2021, joined cases C-517/19 P and C-518/19 P (Alvarez y Bejarano and Others – v – Commission), Miscellaneous

María Álvarez y Bejarano and Others – v – European Commission (C-517/19 P), Council of the European Union (C-157/19 P and C-518 P) and European Parliament (C-157/19 P and C-518 P), EU Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Miscellaneous
Abstract

    Internal EU Case. Rejection of appeals to EC’s and Council’s decision to revoke officials’ rights to (i) leave of 2.5 days for travelling to the home country and (ii) to a fixed allowance for travelling expenses.

Rulings

ECJ 24 March 2021, joined cases C-870/19 and C-871/19 (Prefettura Ufficio territoriale del governo di Firenze), Working Time, Miscellaneous

Prefettura Ufficio territoriale del governo di Firenze – v – MI (C-870/19) and TB (C-871/19), Italian Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Working Time, Miscellaneous
Abstract

    Lorry, motor coach and bus drivers who, during an inspection, do not produce the record sheets for the tachograph relating to the current day and the previous 28 days are subject to a single penalty, irrespective of the number of missing record sheets

    Following ECJ case law, the Supreme Court of the Republic of Slovenia has ruled that a worker is entitled to compensation for unused annual leave in the event that the termination of employment has occurred 15 months after the end of the transfer period (i.e. the period for the transfer of the right to use annual leave) provided for in national legislation. The relevant transposition period is therefore three months longer than the transposition period set out in the Slovenian law.


Petra Smolnikar
Petra Smolnikar is the founder and manager at PETRA SMOLNIKAR LAW.

Tjaša Marinček
Tjaša Marinček is a student assistant at PETRA SMOLNIKAR LAW.

    An adjudication officer of the Irish Workplace Relations Commission has ruled that an upper age limit for entrance to An Garda Síochána (the national police force) was discriminatory on the grounds of age.


Orla O’Leary
Orla O’Learny is a Senior Associate at Mason, Hayes & Curran.
Landmark Ruling

ECJ 9 March 2021, Case C-580/19 (Stadt Offenbach am Main), Working Time

RJ – v – Stadt Offenbach am Main, German case

Journal European Employment Law Cases, Issue 1 2021
Keywords Working Time
Abstract

    A period of stand-by time according to a stand-by system is not, in its entirety, working time unless the constraints imposed on the worker very significantly affect his or her ability to manage, during that period, his or her freetime.

Pending Cases

Case C-715/20, Fixed-Term Work

KL – v – X, reference lodged by the Sąd Rejonowy dla Krakowa–Nowej Huty w Krakowie (Poland) on 18 December 2020

Journal European Employment Law Cases, Issue 1 2021
Keywords Fixed-Term Work

    Transfer of the actuarial equivalent of pension rights from the EU pension scheme to a national scheme is possible not only if the employee enters the national administration for the first time, but also if s/he returns to it.

Rulings

ECJ 17 March 2021, Case C-585/19 (Academia de Studii Economice din Bucureşti), Working Time

Academia de Studii Economice din Bucureops ti – v – Organismul Intermediar pentru Programul Operaţional Capital Uman – Ministerul Educaţiei Naţionale, Romanian Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Working Time
Abstract

    Where a worker has concluded more than one employment contract with the same employer, the minimum daily rest period applies to the contracts taken as a whole and not to each of the contracts taken separately.

Rulings

ECJ 11 February 2021, Case C-760/18 (M.V. and Others (Contrats de travail à durée déterminée successifs dans le secteur public)), Fixed-Term Work

M.V. and Others – v – Organismos Topikis Aftodioikisis (OTA) ‘Dimos Agiou Nikolaou’, Greek case

Journal European Employment Law Cases, Issue 1 2021
Keywords Fixed-Term Work
Abstract

    The concept of “successive fixed-term contracts” in Clause 1 and 5(2) of the framework agreement on fixed-term work (annexed to Directive 1999/70/EC) also covers automatic extensions, even if they do not meet formal national requirements. The referring court must undertake, to the fullest extent possible, assess whether national law can be interpreted in conformity with the directive.

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