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Rulings

ECJ 19 April 2018, case C-645/16 (CMR), Miscellaneous

Conseils et mise en relations (CMR) SARL – v – Demeures terre et tradition SARL, French case

Journal European Employment Law Cases, Issue 2 2018
Keywords Miscellaneous
Abstract

    The Irish Court of Appeal recently clarified the obligations of employers towards employees with a disability.
    The judgment suggests that an employer is not required to alter the duties of a position held by an employee with a disability in order to accommodate that employee’s return to work if the duties, which the employee is no longer capable of performing, are considered essential to the employee’s position.


Lucy O’Neill
Lucy O’Neill is an attorney at law at Mayson Hayes & Curran.
Rulings

ECJ 15 March 2018, case C-431/16 (Blanco Marqués), Social insurance

Instituto Nacional de la Seguridad Social (INSS) & Tesorería General de la Seguridad Social (TGSS) – v – José Blanco Marqués, Spanish case

Journal European Employment Law Cases, Issue 2 2018
Keywords Social insurance
Abstract

Pending cases

Case C-57/18, Collective redundancies

AX – v – BV, reference lodged by the Bundesarbeitsgericht (Germany) on 30 January 2018

Journal European Employment Law Cases, Issue 2 2018
Case Reports

2018/18 Preliminary questions to ECJ about Brexit implications for UK citizens? (NL)

Journal European Employment Law Cases, Issue 2 2018
Keywords Free movement, Work and residence permit, Other forms of free movement
Authors Jan-Pieter Vos
AbstractAuthor's information

    Recently, the Court of Amsterdam decided to ask preliminary questions to the ECJ about EU citizens’ rights of British nationals, anticipating Brexit. However, two weeks later, it allowed an appeal against this decision. It is therefore unclear if and when these questions will be asked.


Jan-Pieter Vos
Jan-Pieter Vos is a lecturer of Labour Law at Erasmus University Rotterdam.
Pending cases

Case C-7/18, Pension

Modesto Jardón Lama – v – Instituto Nacional de la Seguridad Social, Tesorería General de la Seguridad Social, reference lodged by the Tribunal Superior de Justicia de Galicia (Spain) on 3 January 2018

Journal European Employment Law Cases, Issue 2 2018

    The Labour Court of Brussels ordered an employer to pay a protection indemnity to an employee following termination on the basis of reorganisation during her pregnancy because (i) the employee benefited from a specific protection against dismissal and (ii) the employer failed to prove that the dismissal of the employee was based on reasons unrelated to the pregnancy.


Gautier Busschaert
Gautier Busschaert is an attorney-at-law at Van Olmen & Wynant, Brussels.
Rulings

ECJ 5 June 2018, C-677/16 (Montero Mateos), Fixed-term work

Lucía Montero Mateos – v – Agencia Madrileña de Atención Social de la Consejería de Políticas Sociales y Familia de la Comunidad Autónoma de Madrid, Spanish case

Journal European Employment Law Cases, Issue 2 2018
Keywords Fixed-term work
Abstract

    Not granting compensation to fixed-term workers at the end of employment is not discriminatory as the end of the contract is foreseeable from the start, whereas the main objective of compensation for objective reasons, which generally applies to permanent workers, is to recompense them for the fact that termination of the contract is not knowable in advance.

Rulings

ECJ 14 March 2018, case C-482/16 (Stollwitzer), Age discrimination

Georg Stollwitzer – v – ÖBB Personenverkehr AG, Austrian Case

Journal European Employment Law Cases, Issue 2 2018
Keywords Age discrimination
Abstract

    A salary scale the ECJ had found discriminatory and said should be changed, was not discriminatory after the change.

Rulings

ECJ 7 March 2018, case C-651/16 (DW), Social insurance

DW – v – Valsts sociālās apdrošināšanas aģentūra, Latvian case

Journal European Employment Law Cases, Issue 2 2018
Keywords Social insurance
Abstract

Landmark ruling

ECJ 17 April 2018, C-414/16 (Egenberger), Religious discrimination

Vera Egenberger – v – Evangelisches Werk für Diakonie und Entwicklung eV, German case

Journal European Employment Law Cases, Issue 2 2018
Keywords Religious discrimination
Abstract

    It is ultimately for the courts to verify whether religious organisations can legitimately invoke occupational requirements as a reason for unequal treatment.

Case Reports

2018/20 Labour Court sets out employers’ equal treatment obligations following the transfer of a business (FI)

Journal European Employment Law Cases, Issue 2 2018
Keywords Transfer of undertaking, General discrimination, Terms of employment
Authors Janne Nurminen
AbstractAuthor's information

    The Finnish Labour Court recently decided a case about the transfer of a business and the associated obligation to harmonise employees’ salaries. The Court held that the employer had not shown good reasons for continuing to pay different salaries to employees with equivalent responsibilities long after the transfer.


Janne Nurminen
Janne Nurminen is a Senior Associate with Roschier in Helsinki, www.roschier.com.
Rulings

ECJ 7 March 2018, case C-494/16 (Santoro), Fixed-Term Work

Giuseppa Santoro – v – Comune di Valderice, Presidenza del Consiglio dei Ministri, Italian case

Journal European Employment Law Cases, Issue 2 2018
Keywords Fixed-term work
Abstract

    The abuse of successive fixed-term contracts in the public sector can be treated differently to the abuse of successive fixed-term contracts in the private sector, as long as the measures in place fulfil the principles of effectiveness and dissuasion and effectiveness. This must be verified by the national court.

ECJ Court Watch

ECJ 21 February 2018, case C-518/15 (Matzak), Working time

Ville de Nivelles – v – Rudy Matzak, French case

Journal European Employment Law Cases, Issue 1 2018
Keywords Working time
Abstract

    The stand-by time of a volunteer firefighter at home who is obliged to respond to calls from his employer within eight minutes, must be regarded as ‘working time’.

ECtHR Court Watch

ECtHR 5 December 2017, application no. 57101/10, Nationality discrimination

Ribać – v – Slovenia, Slovenian case

Journal European Employment Law Cases, Issue 1 2018
Keywords Race, nationality discrimination
Abstract

    Denial of military pension is deemed to be discriminatory based on nationality.

ECJ Court Watch

EJC 7 September 2017, case C-174/16 (H), Maternity and parental leave, Gender discrimination

H. – v – Land Berlin, German case

Journal European Employment Law Cases, Issue 1 2018
Keywords Maternity and parental leave, Discrimination, Gender discrimination
Abstract

    Clause 5(1) and (2) of the revised Framework Agreement on parental leave precludes rules of national law which make promotion conditional on having successfully completed a probation, if probation has not taken place because of parental leave.

ECJ Court Watch

ECJ 20 December 2017, case C-102/16 (Vaditrans), Working time

Vaditrans BVBA – v – Belgische Staat, Belgian case

Journal European Employment Law Cases, Issue 1 2018
Keywords Working time and leave, Working time
Abstract

    Regulation 561/2006 prohibits lorry drivers from taking their regular weekly rest periods in a vehicle.

ECJ Court Watch

Case C-527/16. Free movement, Social insurance

Salzburger Gebietskrankenkasse, Bundesminister für Arbeit, Soziales und Konsumentenschutz – v – Alpenrind GmbH and Others, reference lodged by the Austrian Verwaltungsgerichtshof on 14 October 2017

Journal European Employment Law Cases, Issue 1 2018
ECJ Court Watch

ECJ 6 February 2018, C-359/16 (Altun), Free movement, Social insurance

Altun and others – v – Openbaar Ministerie, Belgian case

Journal European Employment Law Cases, Issue 1 2018
Keywords Free movement, Social insurance
Abstract

    A Member State to which workers have been posted may, in the case of fraud and under certain conditions, ask the courts to disregard an A1 certificate and apply its own social security legislation, including the recovery of contributions.

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