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    The Curia (Hungarian Supreme Court) stated in its ruling that length of service is not a protected characteristic under discrimination law. Length of employment cannot be considered as a core feature of the individual based on which he or she would belong to a specific group, as it is a result of his or her own actions. It therefore cannot be treated as a ‘miscellaneous’ ground for the purposes of the Hungarian Equal Treatment Act. Further, length of service cannot be linked to age discrimination. The length of service of an employee is not directly connected to age, therefore treatment of an employee based on length of service with a specific organisation cannot be considered age discriminatory.
    A claim based on discrimination must be supported by a comparator. Employees with different educational backgrounds and jobs with different the educational requirements, are not comparable for the purposes of equal treatment law.


Gabriella Ormai
Gabriella Ormai is the managing partner of the Budapest office of CMS Cameron McKenna LLP (www.cms-cmck.com).
ECJ Court Watch

ECJ 21 December 2016, case C-539/15 (Bowman), Age discrimination

Daniel Bowman – v – Pensionsversicherungsanstalt, Austrian case

Journal European Employment Law Cases, Issue 1 2017
Keywords Discrimination
Abstract

    Requiring staff to complete five service years before progressing from the first to the second step on the salary scale, but requiring only two service years for each next step, is not age-discriminatory.

ECJ Court Watch

ECJ 24 November 2016, case C-443/15 (Parris), Sex discrimination

David L. Parris – v – Trinity College Dublin and Others, Irish Case

Journal European Employment Law Cases, Issue 1 2017
Keywords Discrimination, Sex discrimination
Abstract

    The ECJ found that a gay lecturer was not unlawfully discriminated against under an occupational pension scheme that did not entitle those over a certain age or sexual orientation to claim a survivor’s benefit for their (same-sex) civil partner or spouse.

ECJ Court Watch

Case C-494/16. Fixed-term employment

Giuseppa Santoro – v – Comune di Valderice, Presidenza del Consiglio dei Ministri, reference lodged by the Italian Tribunale civile di Trapani on 15 September 2016

Journal European Employment Law Cases, Issue 1 2017
Keywords Fixed-term employment
Case Reports

2017/9 The influence of the threat of terrorism on the right to strike (NL)

Journal European Employment Law Cases, Issue 1 2017
Keywords Industrial action, Strike
Authors Ruben Houweling and Amber Zwanenburg
AbstractAuthor's information

    The Dutch Cantonal judge prohibited a strike because the safety of passengers could not be guaranteed. At the hearing, which took place a few days after the Berlin Christmas market attacks, weight was given to the threat of terrorism. Nor is this the first time the threat of terrorism has been explicitly referred to by a Dutch court in a case concerning the right to strike.


Ruben Houweling
Ruben Houweling and Amber Zwanenburg are respectively a professor and a lecturer of Labour Law at the Erasmus University Rotterdam.

Amber Zwanenburg

    For the first time, a Belgian court has relied on the Kaltoft case, which holds that obesity may constitute a disability. That case gives rise to protection against discrimination, according to the Labour Tribunal of Liège, even if it is falsely presumed. This is the case where an employer sends an email to an applicant stating that the applicant cannot be hired because his or her obesity is a disability in relation to the job.


Gautier Busschaert
Gautier Busschaert is an attorney at Van Olmen & Wynant in Brussels, www.vow.be.
ECJ Court Watch

Case C-482/16. Age discrimination

Georg Stollwitzer – v –ÖBB Personenverkehr AG, reference lodged by the Austrian Oberlandesgericht Innsbruck on 7 September 2016

Journal European Employment Law Cases, Issue 1 2017
Keywords Age discrimination
ECtHR Court Watch

ECtHR 8 November 2016, application 26126/07, Diplomatic immunity in labour relations

Naku – v – Lithuania and Sweden, Lithuanian and Swedish case

Journal European Employment Law Cases, Issue 1 2017
Keywords Diplomatic immunity in labour relations
ECJ Court Watch

ECJ (Grand Chamber) 21 December 2016, case C-201/15 (AGET Iraklis), Collective redundancies

Anonymi Geniki Etairia Tsimenton Iraklis (AGET Iraklis) – v – Ypourgos Ergasias, Koinonikis Asfalisis kai Koinonikis Allilengyis; intervener: Enosi Ergazomenon Tsimenton Chalkidas, Greek case

Journal European Employment Law Cases, Issue 1 2017
Keywords Collective redundancies
Abstract

    Where no agreement is reached with employee representatives on a planned collective redundancy, the employer must try to obtain permission from the Minister for Labour – who rarely gives it. The employer in this case argued successfully that this was a serious obstacle to its to freedom to establish and conduct business in Greece.

    The dismissal of a pregnant employee upon her employer’s business takeover was deemed to be unlawful discrimination.


Christiana Michael
Christiana Michael is a lawyer at George Z Georgiou & Associates LLC, www.georgezgeorgiou.com.
ECJ Court Watch

ECJ 1 December 2016, case C-395/15 (Daouidi), Discrimination

Mohamed Daouidi – v – Bootes Plus SL, Fondo de GarantíaSalarial and Ministerio Fiscal, Spanish case

Journal European Employment Law Cases, Issue 1 2017
Keywords Discrimination
Abstract

    A ‘temporary’ inability to work may qualify as a ‘long-term’ limitation within the meaning of the ECJ’s case law on Directive 2000/78. Whether this is the case is for the national court to determine. The court may take into account that it is not clear how long the person may take to recover.


Ermanno Francesco Napolitano
LL.M. Thesis Candidate, McGill University – Institute of Air and Space Law.
Article

Keeping Up with the Neighbours?

Reviewing National Space Laws to Account for New Technology – The Australian and Canadian Experience

Journal International Institute of Space Law, Issue 4 2017
Authors Steven Freeland and Ram S. Jakhu
Author's information

Steven Freeland
Prof. Steven Freeland, Western Sydney University, Australia, s.freeland@westernsydney.edu.au.

Ram S. Jakhu
Prof. Ram S. Jakhu, McGill University, Canada, ram.jakhu@mcgill.ca.
Article

Development of the New Zealand and Australian Space Industries

Regulation for a Sustainable Future

Journal International Institute of Space Law, Issue 4 2017
Authors Melissa de Zwart and Joel Lisk
Author's information

Melissa de Zwart
Professor Dr Melissa de Zwart, Adelaide Law School, University of Adelaide, Australia.

Joel Lisk
Mr Joel Lisk, Adelaide Law School, University of Adelaide, Australia.

Xiaodan Wu
Law School, China Central University of Finance and Economics. This article is the result of research projects financed by China Ministry of Education (Serial No. 17YJC820052) and China Central University of Finance and Economics (Serial No. QJJ1530).
Article

An Enabler or a Barrier?

“NewSpace” and Japan’s Two National Space Acts of 2016

Journal International Institute of Space Law, Issue 4 2017
Authors Setsuko Aoki
Author's information

Setsuko Aoki
Professor of Law, Keio University Law School, Japan, saoki@ls.keio.ac.jp.
Article

Kiwi’s in Space

New Zealand’s ‘Outer Space and High-Altitude Activities Act’

Journal International Institute of Space Law, Issue 4 2017
Authors Frans G. von der Dunk
Author's information

Frans G. von der Dunk
University of Nebraska-Lincoln, College of Law.
Article

The Indonesian Space Act

Pristine Entrant in the Asia-Pacific Region

Journal International Institute of Space Law, Issue 4 2017
Authors Kumar Abhijeet
Author's information

Kumar Abhijeet
Doctoral candidate, Institute of Air and Space Law, University of Cologne, Assistant Professor, National Law School of India University, Bangalore, kumarabhijeet@nls.ac.in.
Article

Het geslacht van de kandidaat als heuristisch stemmotief

Een onderzoek naar het effect van politieke sofisticatie en electorale context op gender-based stemgedrag

Journal Res Publica, Issue 2 2017
Authors Sjifra de Leeuw
AbstractAuthor's information

    In this paper, I study gender-based voting behavior in the Belgian proportional electoral system. In particular, I investigate two possible causes for why voters experience the need to simplify their voting decision by using a gender-cue. First, in line with the findings of previous studies, I find that voters with lower levels of political sophistication who are less able to collect and process political information, are consequently more likely to use the sex of a candidate as a shortcut. However, the effect of political sophistication on gender-based voting behavior is limited. Second, based on the literature, I expect that the low information context of the second-order European elections would cause both high and low information voters to become more reliant on gendercues to simplify their voting decision and by extent would cause the effect of political sophistication on gender-based voting to diminish. Against theoretical expectations, I find that the effect of the electoral context is negligible.


Sjifra de Leeuw
Sjifra de Leeuw is masterstudente Politieke Wetenschappen, Statistiek en Sociologie aan de KU Leuven. Vanaf september 2017 is zij doctoraatsstudent politieke communicatie aan de Amsterdam School of Communication Research (Universiteit van Amsterdam).
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