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Landmark Rulings

ECJ 6 November 2018, joined cases C-569/16 (Bauer) and C-570/16 (Willmeroth), Paid leave

Stadt Wuppertal – v – Maria Elisabeth Bauer and Volker Willmeroth – v – Martina Broßonn, German case

Journal European Employment Law Cases, Issue 4 2018
Keywords Paid leave
Abstract

    Heirs of a deceased worker are entitled to an allowance in lieu of untaken paid annual leave. Based on the EU Charter of Fundamental Rights, this applies between individuals as well.

Pending cases

Case C-55/18, Working time

Federación de Servicios de Comisiones Obreras (CCOO) – v – Deutsche Bank SAE, reference lodged by the Audiencia Nacional (Spain) on 29 January 2018

Journal European Employment Law Cases, Issue 4 2018
Rulings

ECJ 4 October 2018, case C-12/17 (Dicu), Maternity and parental leave, Paid leave

Tribunalul Botoşani, Ministerul Justiţiei – v – Maria Dicu, Romanian case

Journal European Employment Law Cases, Issue 4 2018
Keywords Maternity and parental leave, Paid leave
Abstract

    A period of parental leave does not count within the reference period for the purpose of determining an employee’s right to annual leave under Directive 2003/88/EC.

Pending cases

Case C-472/18, Part-time work

ER – v – Agencia Estatal de la Administración Tributaria, reference lodged by the Tribunal Superior de Justicia de Galicia (Spain) on 19 July 2018

Journal European Employment Law Cases, Issue 4 2018
Pending cases

Case C-103/18, Fixed-term work

Domingo Sánchez Ruiz – v – Comunidad de Madrid (Servicio Madrileño de Salud), reference lodged by the Juzgado de lo Contencioso-Administrativo No 8 de Madrid (Spain) on 13 February 2018

Journal European Employment Law Cases, Issue 4 2018
Rulings

ECJ 20 September 2018, case C-466/17 (Motter), Fixed-term work, other forms of discrimination

Chiara Motter – v – Provincia autonoma di Trento, Italian case

Journal European Employment Law Cases, Issue 3 2018
Keywords Fixed-term work, Other forms of discrimination
Abstract

    A system, as exists in Italy, that only-partially counts service under fixed-term contracts for the purpose of classifying staff in grades, is compatible with the Framework Agreement on fixed-term work, as there was an objective justification.

Rulings

ECJ 19 September 2018, case C-41/17 (González Castro), Gender discrimination, working time

Isabel González Castro – v – Mutua Umivale, ProsegurEspaña SL, Instituto Nacional de la Seguridad Social (INSS), Spanish case

Journal European Employment Law Cases, Issue 3 2018
Keywords Gender discrimination, Working time
Abstract

    Even if a breastfeeding worker only works for part of her shift at night, the rules on the health and safety of pregnant and breastfeeding workers and those having recently given birth set out in Directive 92/85 apply, meaning that an assessment of her individual situation is necessary. If the worker brings a claim before the court, once she has provided a prima facie case of discrimination, the burden of proof switches to the employer. In other words, reversal of the burden of proof is also applicable to Article 7 (night work) of Directive 92/85/EEC.

Rulings

ECJ 19 September 2018, case C-312/17 (Bedi), Collective agreements, disability discrimination

Surjit Singh Bedi – v – Bundesrepublik Deutschland, Bundesrepublik Deutschland in Prozessstandschaft für das Vereinigte Königreich von Großbritannien und Nordirland, German case

Journal European Employment Law Cases, Issue 3 2018
Keywords Gender discrimination, Working time
Abstract

    Bridging assistance paid to a worker who loses his or her job by reason of redundancy, but ceasing once the worker becomes eligible to receive retirement benefits, is discriminatory under Directive 2000/78 if this moment comes earlier for disabled than non-disabled workers.

Rulings

ECJ 14 March 2018, case C-482/16 (Stollwitzer), Age discrimination

Georg Stollwitzer – v – ÖBB Personenverkehr AG, Austrian Case

Journal European Employment Law Cases, Issue 2 2018
Keywords Age discrimination
Abstract

    A salary scale the ECJ had found discriminatory and said should be changed, was not discriminatory after the change.

ECJ Court Watch

ECJ 21 February 2018, case C-518/15 (Matzak), Working time

Ville de Nivelles – v – Rudy Matzak, French case

Journal European Employment Law Cases, Issue 1 2018
Keywords Working time
Abstract

    The stand-by time of a volunteer firefighter at home who is obliged to respond to calls from his employer within eight minutes, must be regarded as ‘working time’.

ECJ Court Watch

ECJ 20 December 2017, case C-102/16 (Vaditrans), Working time

Vaditrans BVBA – v – Belgische Staat, Belgian case

Journal European Employment Law Cases, Issue 1 2018
Keywords Working time and leave, Working time
Abstract

    Regulation 561/2006 prohibits lorry drivers from taking their regular weekly rest periods in a vehicle.

ECJ Court Watch

ECJ 28 February 2018, case C-46/17 (John), Fixed-term work

Hubertus John – v – Freie Hansestadt Bremen, German case

Journal European Employment Law Cases, Issue 1 2018
Keywords Fixed-term work
Abstract

    The Framework Agreement on fixed-term work and the Equal Treatment (Framework) Directive do not forbid a provision that allows parties to postpone the operation of a retirement age clause in employment periods for fixed time, even if this means that they can be extended infinitely.

ECJ Court Watch

ECJ 20 December 2017, case C-434/15 (Uber Spain), Employment status

Asociación Profesional Élite Taxi – v – Uber Systems Spain SL, Spanish case

Journal European Employment Law Cases, Issue 1 2018
Keywords Employment status
Abstract

    The overall degree of control which the Uber platform exercises over the workforce does not suggest that it acts merely as an intermediary. The services Uber provides fall within the field of transport within the meaning of EU law and not under the freedom to provide services. It is therefore for the Member States to regulate the conditions under which such services are to be provided in conformity with the general rules of the TFEU.

ECJ Court Watch

ECJ 20 December 2017, case C-158/16 (Vega González), Fixed-term work, Other forms of discrimination

Margarita Isabel Vega González – v – Consejería de Hacienda y Sector Público del Gobierno del Principado de Asturias, Spanish case

Journal European Employment Law Cases, Issue 1 2018
Keywords Fixed-term work, Other forms of discrimination
Abstract

    A fixed-term worker elected to a parliamentary role must be able to benefit from the same special leave granted to a permanent civil servant, to enable them to hold a public office.

ECJ Court Watch

ECJ 9 November 2017, case C-98/15 (Espadas Recio), Part-time work

María Begoña Espadas Recio – v – ServicioPúblico de Empleo Estatal (SPEE), Spanish case

Journal European Employment Law Cases, Issue 1 2018
Keywords Part-time work
Abstract

    While a provision that treats the unemployment benefits of vertical part-time workers unfavourably compared to full-time workers falls outside the scope of the Framework Agreement on part-time work, such a benefit scheme may still violate the principle of equal treatment of men and women, for example, if it is indirectly discriminatory towards women.

ECJ Court Watch

ECJ 29 November 2017, case C-214/16 (Conley King), Paid leave

Conley King – v – The Sash Window Workshop Ltd, Richard Dollar, British case

Journal European Employment Law Cases, Issue 1 2018
Keywords Paid leave
Abstract

    The Working Time Directive precludes provisions that establish the right to be paid only after leave has been taken. Further, the right to paid leave (or a corresponding payment at the end of the employment relationship) cannot lapse if the employee has been deterred from taking the leave.

ECJ Court Watch

ECJ 9 November 2017, C-306/16 (Maio), Working time and leave

Conley King – v – The Sash Window Workshop Ltd, Richard Dollar, Portuguese case

Journal European Employment Law Cases, Issue 1 2018
Keywords Working time
Abstract

    The weekly rest period for workers laid down in Article 5 of Directive 2003/88 does not necessarily need to be granted on the day following six consecutive working days.

ECJ Court Watch

ECJ 13 September 2017, case C-570/15 (X), Free movement, Social insurance

X – v – Staatssecretaris van Financiën, Dutch case

Journal European Employment Law Cases, Issue 1 2018
Keywords Free movement, Social insurance
Abstract

    A Dutch employee who resides in Belgium and performs only 6.5% of his hours worked in Belgium (and the rest in the Netherlands), cannot be regarded as ‘normally’ pursuing an activity in two or more Member States. The special rule in Article 14(2)(b)(i) of Regulation No 1408/71, stating that a person normally employed in the territory of two or more Member States shall be subject to the legislation of the Member State in whose territory he resides, does not apply in this case.

ECJ Court Watch

ECJ 14 September 2017, case C-168/16 and C-169/16 (Ryanair), Private international law

Sandra Nogueira and Others – v – Crewlink Ireland Ltd and Miguel José Moreno Osacar – v – Ryanair Designated Activity Company

Journal European Employment Law Cases, Issue 4 2017
Keywords Private international law
Abstract

    When determining the place from which airline cabin crewmembers habitually carry out their work, the concept of ‘home base’ is a significant indicator.

ECJ Court Watch

ECJ 6 April 2017, case C 336/15 (Unionen), Transfer of undertakings

Unionen – v – Almega Tjänsteförbunden and ISS Facility Services AB, Swedish case

Journal European Employment Law Cases, Issue 3 2017
Keywords Transfer of undertakings
Abstract

    A transferee must, when dismissing an employee over a year after a transfer of the undertaking, include the time he or she worked for the transferor in calculating the employee’s length of service, as this is relevant for determining the period of notice to which the employee is entitled.

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