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Pending Cases

Case C-27/20, Social insurance

PF and QG – v – Caisse d’allocations familiales d’Ille-et-Vilaine (CAF), reference lodged by the Tribunal de grande instance de Rennes (France) on 21 January 2020

Journal European Employment Law Cases, Issue 2 2020
Keywords Social insurance
Rulings

ECJ 26 March 2020, joined cases C-542/18 RX-II and C-543/18 RX-II (Réexamen Simpson – v – Council), Miscellaneous

Erik Simpson – v – Council of the European Union (C-542/18 RX-II); HG – v – European Commission (C-543/18 RX-II), EU cases

Journal European Employment Law Cases, Issue 2 2020
Keywords Miscellaneous
Abstract

    Internal EU staff cases. Earlier judgments implying that panel of judges had been irregular affect the unity and consistency of EU law.

Pending Cases

Case C-130/20, Gender Discrimination, Pension

YJ – v – Instituto Nacional de la Seguridad Social (INSS), reference lodged by the Juzgado de lo Social n.º3 de Barcelona (Spain) on 9 March 2020

Journal European Employment Law Cases, Issue 2 2020
Keywords Gender Discrimination, Pension
Rulings

ECJ 2 April 2020, case C-830/18 (Landkreis Südliche Weinstraße), Free Movement

Landkreis Südliche Weinstraße – v – PF and others, German case

Journal European Employment Law Cases, Issue 2 2020
Keywords Free Movement
Abstract

    Within the context of Article 7(2) of Regulation 492/2011/EU, legislation which provides for reimbursement of costs of school transport on the condition that the recipient lives in a federal state constitutes indirect discrimination, as it puts frontier workers on a disadvantage compared to workers living in that member state. Practical difficulties connected to an efficient organisation of this school transport are not imperative reasons of public interest which justify such indirect discrimination.

Pending Cases

Case C-129/20, Maternity and Parental Leave

XI – v – Caisse pour l’avenir des enfants, reference lodged by the Cour de cassation du Grand-Duché de Luxembourg (Luxembourg) on 9 March 2020

Journal European Employment Law Cases, Issue 2 2020
Rulings

ECJ 7 May 2020, case C-96/19 (Bezirkhauptmannschaft Tulln), Working Time, Miscellaneous

VO – v – Bezirkshauptmannschaft Tulln, Austrian case

Journal European Employment Law Cases, Issue 2 2020
Keywords Working Time, Miscellaneous
Abstract

    A Member State can require a driver of a vehicle with a digital tachograph, if both automatic and manual entry are lacking, to present a statement which his employer has drawn up according to the form annexed to Decision 2009/959/EU on a form concerning social legislation relating to road transport activities.

Pending Cases

Case C-166/20, Other Forms of Free Movement

BB – v – Lietuvos Respublikos sveikatos apsaugos ministerija (Ministry of Health of the Republic of Lithuania), reference lodged by the Lietuvos vyriausiasis administracinis teismas (Lithuania) on 22 April 2020

Journal European Employment Law Cases, Issue 2 2020
Keywords Other Forms of Free Movement
Pending Cases

Case C-63/20 P, Miscellaneous

Sigrid Dickmanns – v – European Union Intellectual Property Office (EUIPO), appeal against judgment of the General Court (Eighth Chamber) of 18 November 2019 in Case T-181/19 Sigrid Dickmanns v European Union Intellectual Property Office (EUIPO)

Journal European Employment Law Cases, Issue 2 2020
Keywords Miscellaneous
Rulings

ECJ 30 April 2020, joined cases C-168/19 and C-169/19 (Istituto nazionale della previdenza sociale), Pension, Other Forms of Discrimination

HB – v – Istituto nazionale della previdenza sociale (INPS) (C-168/19); IC – v – Istituto nazionale della previdenza sociale (INPS) (C-169/19), Italian case

Journal European Employment Law Cases, Issue 2 2020
Keywords Pension, Other Forms of Discrimination
Abstract

    The Italian tax regime resulting from the Italian-Portuguese double taxation convention does not infringe with the principles of free movement and non-discrimination.

Pending Cases

Case C-135/20, Fixed-term Work

JS – v – Câmara Municipal de Gondomar, reference lodged by the Supremo Tribunal Administrativo (Portugal) on 12 March 2020

Journal European Employment Law Cases, Issue 2 2020
Keywords Fixed-term Work
Rulings

ECJ 2 April 2020, case C-802/18 (Caisse pour l’avenir des enfants), Social Insurance

Caisse pour l’avenir des enfants – v – FV and GW, Luxembourg case

Journal European Employment Law Cases, Issue 2 2020
Keywords Social Insurance
Abstract

    Child benefits connected with pursuing activities as employed persons are social advantages within the meaning of Article 45 TFEU and Article 7(2) of Regulation 492/2011/EU. Articles 1(i) and 67 of Regulation 883/2004/EC in conjunction with Articles 7(2) of Regulation 492/2011 and Article 2(2) of Directive 2004/38/EC preclude provisions according to which member states provide frontier workers only child benefits for their own children, but not for their spouses’ children who they support, while all children living in the member state are entitled to these childs benefits.

Rulings

ECJ 2 April 2020, case C-670/18 (Comune di Gesturi), Age Discrimination

CO – v – Comune di Gesturi, Italian case

Journal European Employment Law Cases, Issue 2 2020
Keywords Age Discrimination
Abstract

    Directive 2000/78/EC, in particular the Articles 2(2), 3(1) and 6(1), does not preclude provisions prohibiting public administrative authorities from awarding analysis and consultancy roles to individuals who are already retired public or private employees, provided that the provisions pursue a legitimate aim in the field of employment and the labour market and the means of achieving that aim are not appropriate and necessary. This is for the referring court to determine.

Pending Cases

Case C-54/20 P, Miscellaneous

European Commission – v – Stefano Missir Mamachi di Lusignano and Others, appeal against judgment of the General Court (Eighth Chamber) of 20 November 2019 in Case T-502/16, Stefano Missir Mamachi di Lusignano and Others v Commission

Journal European Employment Law Cases, Issue 2 2020
Keywords Miscellaneous
Rulings

ECJ 23 April 2020, case C-507/18 (Associazione Avvocatura per i diritti LGBTI), Discrimination, Sexual orientation

NH – v – Associazione Avvocatura per i diritti LGBTI – Rete Lenford (C-507/18), Italian case

Journal European Employment Law Cases, Issue 2 2020
Keywords Discrimination, Sexual Orientation
Abstract

    Declarations by a person during a radio programme stating that he did not want to recruit homosexual persons to his firm nor use their services are covered by Directive 2000/78/EC.

Landmark Rulings

ECJ 26 March 2020, case C-344/18 (ISS Facility Services), Transfer of undertakings, transfer, employment terms

ISS Facility Services NV – v – Sonia Govaerts and Atalian NV (formerly Euroclean NV), Belgian case

Journal European Employment Law Cases, Issue 2 2020
Keywords Transfer of undertakings, Employment terms, Transfer
Abstract

    In case of a transfer of undertaking involving multiple transferees, the rights and obligations arising from an employment contract may be divided between various transferees, if this is possible. If not (or if it is to the detriment of the employee), the transferees would be regarded as being responsible for any consequent termination under Article 4 of Directive 2001/23, even if this were to be initiated by the worker.

Rulings

ECJ 2 April 2020, joined cases C-370/17 and C-37/18 (CRPNPAC), Social Insurance

Caisse de retraite du personnel navigant professionnel de l’aéronautique civile (CRPNPAC) – v – Vueling Airlines SA (C-370/17); Vueling Airlines SA – v – Jean-Luc Poignant (C-37/18), French cases

Journal European Employment Law Cases, Issue 2 2020
Keywords Social Insurance
Abstract

    E101 certificates which were fraudulently obtained can only be disregarded under specified conditions.

Pending Cases

Case C-105/20, Gender Discrimination, Part Time Work

UF – v – Union Nationale des Mutualités Libres (Partenamut) (UNMLibres), reference lodged by the Tribunal du travail de Nivelles (Belgium) on 27 February 2020

Journal European Employment Law Cases, Issue 2 2020
Keywords Gender Discrimination, Part Time Work
Landmark Rulings

ECJ 22 April 2020, case C-692/19 (Yodel Delivery Network), Working Time, Employment Status

B – v – Yodel Delivery Network Ltd, UK case

Journal European Employment Law Cases, Issue 2 2020
Keywords Working Time, Employment Status
Abstract

    Directive 2003/88/EC precludes a self-employed independent contractor from being classified as a ‘worker’ under the Directive, if they are afforded discretion on the use of subcontractors, acceptance of tasks, providing services to third parties and fixing their own hours of work, provided that the independence does not appear to be fictitious and no relationship of subordination between them and their putative employer can be established.

Pending Cases

Case C-194/20, Work and Residence Permit

BY and others – v – City of Duisburg, reference lodged by the Verwaltungsgericht Düsseldorf (Germany) on 7 May 2020

Journal European Employment Law Cases, Issue 2 2020
Keywords Work and Residence Permit
Rulings

ECJ 4 June 2020, case C-828/18 (Trendsetteuse), Miscellaneous

Trendsetteuse SARL – v – DCA SARL, French case

Journal European Employment Law Cases, Issue 2 2020
Keywords Miscellaneous
Abstract

    A person does not necessarily need to have the power to change prices of goods which he sells as an agent for his principal, to be classified as commercial agent within the meaning of Article 1(2) of Directive 86/653/EEC.

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