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Luis Fernando Castillo Argañarás
National Council of Scientific and Technical Research (CONICET) of Argentina and Universidad Argentina de la Empresa (UADE), Argentina, lcastillo@uade.edu.ar. Special thanks to Daniela Costa, attorney at law and legal translator, for her collaboration in the English version of this paper. dcosta@thelinguacorp.com.
Article

Privatisation of PSLV

What the Law of Outer Space Demands

Journal International Institute of Space Law, Issue 5 2016
Authors Kumar Abhijeet
Author's information

Kumar Abhijeet
National Law School of India University, India, Kumarabhijeet@nls.ac.in.

Larry F. Martinez
Department of Political Science, California State University, 1250 Bellflower Blvd., Long Beach, CA, 90840-4605, USA, larry.martinez@csulb.edu

Elina Morozova
Head of International & Legal Service, Intersputnik International Organization of Space Communications, morozova@intersputnik.com.
Research Note

Beleidscoherentie voor ontwikkeling: een multicausale aanpak

Journal Res Publica, Issue 2 2016
Authors Joren Verschaeve, Sarah Delputte and Jan Orbie
Author's information

Joren Verschaeve
Joren Verschaeve is doctorassistent in het Centrum voor EU-Studies van de Universiteit Gent. Zijn onderzoek focust voornamelijk op het EU-ontwikkelingsbeleid.

Sarah Delputte
Sarah Delputte is doctorassistent in het Centrum voor EU-Studies van de Universiteit Gent. Haar onderzoek focust op het ontwikkelingsen klimaatbeleid van de EU.

Jan Orbie
Jan Orbie is hoofddocent aan de Vakgroep Politieke Wetenschappen en directeur van het Centrum voor EU-Studies aan de Universiteit Gent. Zijn onderzoek focust voornamelijk op het externe beleid van de EU.

    An ‘independent contractor’ working for a company in a subordinate relationship should be considered as a de facto employee. In such a situation, the company and its legal representatives can be held liable for ‘concealed work’ and be subject to criminal penalties.


Charles Mathieu
Charles Mathieu is a lawyer with Jeantet in Paris, www.jeantet.fr.
ECJ Court Watch

Case C-518/15. Working Time

Ville de Nivelles –v– Rudy Matzak, reference lodged by the Belgian cour du travail de Bruxelles on 28 September 2015

Journal European Employment Law Cases, Issue 1 2016
Keywords working time
ECJ Court Watch

ECJ 17 November 2015, case C-115/14. (Regio Post), Social Dumping

RegioPost GmbH & Co. KG –v– Stadt Landau in der Pfalz, German case

Journal European Employment Law Cases, Issue 1 2016
Keywords social dumping

    The compensation for an employee who is a victim of unlawful dismissal should be as comprehensive as possible, but only harm that is directly linked to the dismissal should be compensated. Material damage suffered by an employee in a senior position may include benefits such as profit shares received in his or her position as an equity partner. In this case, the Court of Appeal ordered a firm to pay a former employee the exceptional amount of more than one million Euros in compensation for wrongful dismissal.


Michel Molitor
Michel Molitor is an avocat with MOLITOR, www.molitorlegal.lu.

    Mr Abrams was a member of a limited liability partnership (LLP) and was due to retire. For tax reasons, shortly before retirement Mr Abrams decided to set up a limited company to take his place as a member of the LLP. This was accepted by the LLP. Mr Abrams’s employment by the LLP was stopped and he no longer had a continuing contractual relationship with it. The limited company, as a member of the LLP, was entitled to receive the profit share that Mr Abrams would have received had he continued as a member. It was also agreed that this limited company would supply the services of an appropriate fee-earner to the LLP (which was, in practice, Mr Abrams).
    When Mr Abrams reached retirement age, the LLP tried to terminate his services on the basis that he had reached retirement age and the LLP objected to Mr Abrams’s limited company continuing to be a member of the LLP.
    Mr Abrams and his company brought a claim of age discrimination against the LLP at the Employment Tribunal (ET) and the ET had to decide if a limited company could bring such a claim, which was effectively that it had suffered detrimental treatment because of a protected characteristic of someone with whom it was associated. The ET decided it could and the respondent appealed to the Employment Appeal Tribunal (EAT).


Florence Chan
Florence Chan is a Legal Assistant at Lewis Silkin Hong Kong: www.lewissilkinemployment.com.

    In accordance with EU law, the prohibition against gender-based discrimination (in this case: dismissal relating to pregnancy) cannot be limited to employment relationships as defined in national law: it must also apply to other types of legal relationship, where one party provides services to another party for consideration, for an open-ended period of time under the supervision of a principal.


Gabriella Ormai
Gabriella Ormai is a partner and

Péter Bán
Péter Bán is senior counsel with CMS Cameron McKenna LLP, www.cms-cmck.com.
ECtHR Court Watch

ECtHR 12 January 2016, application 61496/08. (Bărbulescu), Fundamental Rights

Bărbulescu –v– Romania, Romanian case

Journal European Employment Law Cases, Issue 1 2016
Keywords Fundamental Rights

    A 60-year old widow with a house but without income other than a small widow’s pension has successfully challenged legislation that moved the qualification age for state pension benefits from 65 to 67. A court has found that, in her particular case, the legislation constitutes an “individual and excessive burden” within the meaning of ECtHR case law on the First Protocol to the ECHR. The government was ordered to start paying the widow state pension from age 65 despite and contrary to the wording of the law.


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

    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.

    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.

Alvaro Fabricio dos Santos
Alvaro Fabricio dos Santos, Advocacy General of the Union (AGU), Brazilian Association for Aeronautics and Space Law (SBDA), São José dos Campos, SP, Brazil, alvaro.santos@agu.gov.br.

José Monserrat Filho
José Monserrat Filho, Brazilian Association for Aeronautics and Space Law (SBDA), Brazilian Society for the Advancement of Science (SBPC), Rio de Janeiro, RJ, Brazil, jose.monserrat.filho@gmail.com.

Gabriella Catalano Sgrosso
University of Rome, Italy, sgrossogabriella@gmail.com.
Article

Title IV of the U.S. Commercial Space Launch Competitiveness Act of 2015

A Critical Step Forward in Facilitating the Development of a Viable Space Infrastructure

Journal International Institute of Space Law, Issue 2 2016
Authors Sagi Kfir and Ian Perry
Author's information

Sagi Kfir
Sagi Kfir is General Counsel at Deep Space Industries

Ian Perry
Ian Perry is independent researcher.

Olavo de O. Bittencourt Neto
Professor Doctor, Catholic University of Santos, olavo.bittencourt@unisantos.br.

Virgiliu Pop
Romanian Space Agency, 21-25, Mendeleev Street, Bucharest, 010362, Romania, virgiliu.pop@rosa.ro.
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