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Pending Cases

Case C-86/21, Social Insurance

Gerencia Regional de Salud de Castilla y León – v – Delia, reference lodged by the Tribunal Superior de Justicia de Castilla y León (Spain) on 11 February 2021

Journal European Employment Law Cases, Issue 1 2021
Keywords Social Insurance
Rulings

ECJ 21 January 2021, C-843/19 (INSS), Gender Discrimination, Pension

Instituto Nacional de la Seguridad Social (INSS) – v – BT

Journal European Employment Law Cases, Issue 1 2021
Keywords Gender Discrimination, Pension
Abstract

    Requiring a minimum pension amount for allowing early retirement is not contrary to Article 4(1) of Directive 79/7 even if it puts female workers at a particular disadvantage, provided that this is justified by legitimate reasons of social policy which are not related to gender discrimination.

Pending Cases

Case C-677/20, Information and Consultation, Miscellaneous

Industriegewerkschaft Metall (IG Metall) and ver.di – Vereinte Dienstleistungsgewerkschaft, reference lodged by the Bundesarbeitsgericht (Germany) on 11 December 2020

Journal European Employment Law Cases, Issue 1 2021
Keywords Information and Consultation, Miscellaneous

    A host state must grant a Union citizen a reasonable period to find a job.

Case Reports

2021/9 AGET Iraklis: another belated victory for the employer (GR)

Journal European Employment Law Cases, Issue 1 2021
Keywords Information & Consultation, Collective Redundancies
Authors Effie Mitsopoulou
AbstractAuthor's information

    The Supreme Court of Greece has clarified that the validity of terminations is not affected by the lack of consultation with the employees’ representatives, as per Directive 2002/14/EC on a general framework for informing and consulting employees. In case of non-compliance with such obligation, alternative administrative or judicial measures can be provided by the Member States. It further reiterated that the expediency and necessity of the company’s business decision to suddenly interrupt its plant operation cannot be subject to judicial control.


Effie Mitsopoulou
Effie Mitsopoulou is an attorney-at-law at Effie Mitsopoulou Law Office.
Pending Cases

Case C-713/20, Social Insurance, Temporary Agency Work

X,Y – v – Raad van bestuur van de Sociale verzekeringsbank, reference lodged by the Centrale Raad van Beroep (the Netherlands) on 24 December 2020

Journal European Employment Law Cases, Issue 1 2021
Keywords Social Insurance, Temporary Agency Work
Rulings

ECJ 11 February 2021, Joined Cases C-407/19 and C-471/19 (Katoen Natie Bulk Terminals and General Services Antwerp), Other Forms of Free Movement

Katoen Natie Bulk Terminals NV and General Services Antwerp NV – v – Belgische Staat and Middlegate Europe NV – v – Ministerraad, Belgian cases

Journal European Employment Law Cases, Issue 1 2021
Keywords Other Forms of Free Movement
Abstract

    Legislation which reserves dock work to recognised workers may be compatible with EU law if it is aimed at ensuring safety in port areas and preventing workplace accidents. However, the intervention of a joint administrative committee in the recognition of dockers is neither necessary nor appropriate for attaining the objective pursued.

Case Law

Access_open 2021/1 EELC’s review of the year 2020

Journal European Employment Law Cases, Issue 1 2021
Authors Ruben Houweling, Daiva Petrylaitė, Marianne Hrdlicka e.a.
Abstract

    Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks.


Ruben Houweling

Daiva Petrylaitė

Marianne Hrdlicka

Attila Kun

Luca Calcaterra

Francesca Maffei

Jean-Philippe Lhernould

Niklas Bruun

Jan-Pieter Vos

Luca Ratti

Andrej Poruban

Anthony Kerr

Filip Dorssemont
Pending Cases

Case C-577/20, Work and Residence Permit

A – v – Sosiaali-ja terveysalan lupa-ja valvontavirasto, reference lodged by the orkein hallinto-oikeus (Finland) on 4 November 2020

Journal European Employment Law Cases, Issue 1 2021
Keywords Work and residence permit
Pending Cases

Case C-33/21, Social Insurance

Istituto nazionale per l’assicurazione contro gli infortuni sul lavoro (INAIL), Istituto nazionale della previdenza sociale (INPS) – v – Ryanair DAC, reference lodged by the Corte suprema di cassazione on 18 January 2021

Journal European Employment Law Cases, Issue 1 2021
Keywords Social Insurance
Landmark Ruling

ECJ 9 March 2021, Case C-344/19 (Radiotelevizija Slovenija), Working Time

DJ – v – Radiotelevizija Slovenija, Slovenian case

Journal European Employment Law Cases, Issue 1 2021
Keywords Working Time
Abstract

    A period of stand-by time according to a stand-by system is not, in its entirety, working time unless the constraints imposed on the worker very significantly affect his or her ability to manage, during that period, his or her freetime.

Pending Cases

Case C-634/20, Work and Residence Permit

A – v – Sosiaali- ja terveysalan lupa- ja valvontavirasto, reference lodged by the Korkein hallinto-oikeus (Finland) on 25 November 2020

Journal European Employment Law Cases, Issue 1 2021
Keywords Work and Residence Permit
Pending Cases

Case C-625/20, Social Insurance, Gender Discrimination

KM – v – Instituto Nacional de la Seguridad Social (INSS), reference lodged by the Juzgado de lo Social n.º 26 de Barcelona (Spain) on 19 November 2020

Journal European Employment Law Cases, Issue 1 2021
Keywords Social Insurance, Gender Discrimination
Rulings

ECJ 26 January 2021, Case C-16/19 (Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie), Disability Discrimination, General Discrimination

VL – v – Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie, Polish Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Disability Discrimination, General Discrimination
Abstract

    Payment of an allowance only to workers with disabilities who have submitted disability certificates after a date chosen by that employer may constitute direct or indirect discrimination on the grounds of disability.

Pending Cases

Case C-587/20, Other Forms of Discrimination

Ligebehandlingsnævnet as representative of A – v – HK/Danmark and HK/Privat, reference lodged by the Østre Landsret (Denmark) on 9 November 2020

Journal European Employment Law Cases, Issue 1 2021
Keywords Other Forms of Discrimination
Rulings

ECJ 24 March 2021, case C-950/19 (A), Miscellaneous, Other Fundamental Rights

A. Intervening party: Patentti- ja rekisterihallituksen tilintarkastuslautakunta, Finnish Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Miscellaneous, Other Fundamental Rights
Abstract

    The prohibition to ‘take up a position’ within the meaning of Article 22(a)(1)(a) of Directive 2006/43 includes concluding an employment contract, even if the employee has not yet begun to actually perform his or her duties in that post.

Case Reports

2021/2 Warning strike timing (HU)

Journal European Employment Law Cases, Issue 1 2021
Keywords Collective Agreements, Unions, Other Fundamental Rights
Authors Zsófia Oláh and Ildikó Rácz
AbstractAuthor's information

    This case involved an employer who claimed that a trade union organised an unlawful warning strike. The Curia (the highest judicial authority in Hungary) found that the trade union violated its obligation to cooperate with the employer according to Act No. 7 of 1989 on Strikes. The Curia and also the Regional Courts made some clear points on the question of the timing of a warning strike. The employer must be notified of a planned strike in sufficient time, which requirement also applies in the case of warning strikes. The time can be considered as sufficient if the employer is able to fulfil its rights to protect its property, prevent damage resulting from the strike, to carry out its duties to protect life and property, and to organise work accordingly. Failing this obligation, the warning strike is unlawful. The notice shall state the date and time that such action will commence.


Zsófia Oláh
Zsófia Oláh is a Partner at OPL Law Firm.

Ildikó Rácz
Ildikó Rácz is a Junior Associate at OPL Law Firm.
Rulings

ECJ 25 February 2021, Case C-940/19 (Les Chirurgiens-Dentistes de France and Others), Work and Residence Permit

Les chirurgiens-dentistes de France and Others – v – Ministre des Solidarités et de la Santé and Others, French case

Journal European Employment Law Cases, Issue 1 2021
Keywords Work and Residence Permit
Abstract

    Member States may authorise partial access to certain healthcare professions subject to the automatic recognition of professional qualifications; however this applies to the professions but not the professionals benefiting from automatic recognition, who should have full access to the activities covered by the corresponding profession in the host Member State.

Rulings

ECJ 25 February 2021, Case C-804/19 (Markt24), Competency

BU – v – Markt24 GmbH, Austrian Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Competency
Abstract

    Section 5 of Chapter II of Regulation (EU) No. 1215/2012 also apply if an employee in one member state was recruited to work in another member state, even though that work was not performed for a reason attributable to that employer. They preclude the application of national rules of jurisdiction in respect of an action irrespective of whether those rules are more beneficial to the employee.

Pending Cases

Case C-22/21, Other Forms of Free Movement

SRS and AA – v – Minister for Justice and Equality, reference lodged by the Supreme Court (Ireland) on 14 January 2021

Journal European Employment Law Cases, Issue 1 2021
Keywords Other Forms of Free Movement
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