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ECJ Court Watch

ECJ 25 February 2016, case C-299/14 (Garcia-Nieto), free movement – social security

Vestische Arbeit Jobcenter Kreis Recklinghausen – v – Jovanna García-Nieto, German case

Journal European Employment Law Cases, Issue 2 2016
Keywords Free movement, Social security
Abstract

    An unemployed EU citizen moving to another Member State is not entitled to social assistance in that State for the first three months.

ECJ Court Watch

ECJ 2 June 2016, case C-122/15 (C), age discrimination

C – v – Finland, Finish case

Journal European Employment Law Cases, Issue 2 2016
Keywords Age discrimination
Abstract

    National tax law (which the claimant in this case considered to be age discriminatory) does not fall within the scope of Directive 2000/78.

ECJ Court Watch

ECJ 21 January 2016, case C-453/14 (Knauer), free movement – social security

Vorarlberger Gebietskrankenkasse – v – Alfred Knauer and Landeshauptmann von Vorarlsberg – v – Rudolf Mathis, Austrian case

Journal European Employment Law Cases, Issue 2 2016
Keywords Free movement, Social security
Abstract

    Austrian statutory pension benefits and Liechenstein occupational pension benefits are “equivalent”.

ECJ Court Watch

Cases C-680/15 and C-681/15. Transfer of undertakings

Asklepios Kliniken Langen-Seligenstadt Gmbh – v – Ivan Felja (C-680/15) and Vittoria Graf (C-681/15), reference lodged by the German Bundesarbeitsgericht on 17 December 2015

Journal European Employment Law Cases, Issue 2 2016
Keywords Transfer of undertakings
ECJ Court Watch

ECJ 7 April 2016, case C-284/15 (ONEm), free movement – social insurance

Office national de l’emploi (ONEm) – v – M and M – v – ONEm and Caisse auxiliaire de paiement des allocations de chomage (CAPAC), Belgium case

Journal European Employment Law Cases, Issue 2 2016
Keywords Free movement, Social insurance
Abstract

    An EU citizen moving to another Member State, in order to qualify for unemployment benefits there, must meet the requirements for entitlement under the law of his new State of residence.

    A transferee cannot claim the value of leave accrued but not taken by transferred employees before a transfer from the transferor.


Amber Zwanenburg
Amber Zwanenburg is a lecturer of Labour Law at the Erasmus University of Rotterdam.
Case Reports

2016/33 Supreme Court clarifies rules on redundancy selection methods (NO)

Journal European Employment Law Cases, Issue 2 2016
Keywords Redundancy selection
Authors Tore Lerheim and Ole Kristian Olsby
AbstractAuthor's information

    The basic rule in Norwegian law is that an employer planning to reduce headcount must apply the rules for selecting those to be dismissed (based on seniority, qualifications, personal circumstances, etc.) to the entire workforce within the relevant legal entity. However, there are circumstances under which the employer may limit the pool of employees within which to apply those rules. In this case, the employer was justified in limiting that pool to one employee, thereby avoiding the need to make a selection.


Tore Lerheim
Tore Lerheim and Ole Kristian Olsby are partners with Homble Olsby advokatfirma in Oslo, www.Homble-olsby.no.

Ole Kristian Olsby
ECJ Court Watch

Case C-620/15. Free Movement – Social Insurance

A-Rosa Flusschif GmbH –v– Union de recouvrement des cotisations de sécurité sociale et d’allocations familiales d’Alsace, Sozialsversicherungsanstalt des Kantons Graubünden, reference lodged by the French Cour de cassation on 23 November 2015

Journal European Employment Law Cases, Issue 1 2016
Keywords free movement – social insurance
ECJ Court Watch

Case C-566/15. Nationality Discrimination

Konrad Erzberger –v– TUI AG, reference lodged by the German Kammergericht Berlin on 3 November 2015

Journal European Employment Law Cases, Issue 1 2016
Keywords nationality discrimination
ECJ Court Watch

Case C-614/15. Fixed Term Work

Rodica Popescu –v– Directia Sanitar Veterinara si pentru Siguranta Alimentelor Gorj, reference lodged by the Romanian Curtea de Apel Craiova

Journal European Employment Law Cases, Issue 1 2016
Keywords fixed term work
ECJ Court Watch

ECJ 17 December 2015, case C-407/14. (Arjona Camacho), Discrimination – Sanction

María Auxiliadora Arjona Camacho –v– Securitas Seguridad España SA, Spanish case

Journal European Employment Law Cases, Issue 1 2016
Keywords Discrimination – Sanction

    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.
Case Reports

2016/3 Supreme Court allows transferee to differentiate between ‘own’ and acquired employees (PL)

Journal European Employment Law Cases, Issue 1 2016
Keywords Differing the monthly wages after the workplace has been moved on to another employer
Authors Ph.D Marcin Wujczyk
AbstractAuthor's information

    Paying employees acquired by way of the transfer of an undertaking less than the transferee’s original staff not discriminatory. The Supreme Court recently came to this conclusion based on a rather daring interpretation of a provision of national law aimed at transposing an EU directive. Although Polish law obligates employers to treat employees who perform the same work equally regardless of personal characteristics, the provision at issue should be read more narrowly.


Ph.D Marcin Wujczyk
Marcin Wujczyk, Ph. D., is a partner with Ksiazek & Bigaj in Krakow, www.ksiazeklegal.pl.
ECJ Court Watch

Case C-539/15. Age Discrimination

Daniel Bowman –v– Pensionsversicherungsanstalt, reference lodged by the Austrian Oberster Gerichtshof on 15 October 2015

Journal European Employment Law Cases, Issue 1 2016
Keywords age discrimination

    The Danish Supreme Court recently affirmed that the transfer of a canteen contract to another operator following a tender process did not fall within the scope of the Danish Transfer of Undertakings Act.
    The Danish Transfer of Undertakings Act applies to the transfer of an undertaking or part of an undertaking, meaning an economic entity which retains its identity. In the test of whether a transfer is a transfer within the meaning of the Act, an overall assessment of all facts surrounding the transfer must be made. This was the issue in this case before the Supreme Court.


Mariann Norrbom
Mariann Norrbom is a partner of Norrbom Vinding, Copenhagen, www.norrbomvinding.com.
Case Reports

2016/10 Associative victimisation claim allowed to proceed (UK)

Journal European Employment Law Cases, Issue 1 2016
Keywords associative victimisation, degree of association required in associative discrimination, no reasonable prospect of success
Authors Anna Bond
AbstractAuthor's information

    The Employment Appeal Tribunal (‘EAT’) has allowed a claim of ‘associative victimisation’ to proceed, reversing an Employment Tribunal (‘ET’) judge’s decision to strike it out. Victimisation occurs where someone is subjected to a detriment because of a ‘protected act’ (such as alleging discrimination). In this case, the claimant claimed he had been subjected to a detriment because someone else associated with him had alleged discrimination. The second ET judge to hear the case held that there was not a close enough connection between the claimant and those who made the allegation of discrimination, and struck out the claim. The EAT held that the judge was wrong to find that Mr Thompson was required to show some particular relationship to the person whose protected act was relied upon, and in fact the association could be entirely in the mind of the employer. Association will be a question of fact in each case.
    This was the first case in the UK to find that it is possible to bring a claim of victimisation by association, and could represent a significant development in UK discrimination law.


Anna Bond
Anna Bond is an associate at Lewis Silkin LLP: www.lewissilkin.com.
ECJ Court Watch

Case C-508/15. Free Movement

Sidika Ucar –v– Land Berlin, reference lodged by the German Verwaltungsgericht Berlin on 24 September 2015

Journal European Employment Law Cases, Issue 1 2016
Keywords free movement

    An employee’s behaviour during the investigation of a sexual harassment complaint that she had made against her manager was a crucial factor in the Court’s decision to dismiss her application for damages for unlawful termination and discrimination.


Panayiota Papakyriacou
Panayiota Papakyriacou is a lawyer with George Z. Georgiou & Associates LLC in Nicosia, Cyprus, www.gzg.com.cy.
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
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