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Pending Cases

Case C-71/20, Work and residence permit

Anklagemyndigheden – v – VAS Shipping ApS, reference lodged by the Østre Landsret (Denmark) on 12 February 2020

Journal European Employment Law Cases, Issue 2 2020
Keywords Work and residence permit
Rulings

ECJ 25 June 2020, case C-570/18 P (HF – v – Parliament), Health and Safety

HF- v – European Parliament, EU Case

Journal European Employment Law Cases, Issue 2 2020
Keywords Health and Safety
Abstract

    Within the context of a claim of psychological harassment, based on Article 41 of the Charter of Fundamental Rights of the European Union, the EP’s Director-General for Personnel should have provided claimant at the least with a summary of the records of witness hearings drafted by the Advisory Committee. The annulment of the decision at issue constitutes appropriate compensation for any non-material damage which the appellant may have suffered in the present case.

    A limitation of taking into account relevant work experience gained in a Member State other than the home Member State for the purpose of determining the level of remuneration is contrary to Article 45 TFEU.

Rulings

ECJ 30 April 2020, case C-211/19 (UO – v – Készenléti Rendőrség), Working time

UO – v – Készenléti Rendőrség, Hungarian case

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

    The referring court must verify whether Article 2(1) and (2) of Directive 2003/88/EC apply to members of the law enforcement agencies who guard the external border of a Member State in the event of an influx of third-party nationals at those borders.

Rulings

ECJ 14 May 2020, case C-17/19 (Bouygues travaux publics and Others), Social Insurance

Bouygues travaux publics, Elco construct Bucarest, Welbond armatures – criminal proceedings, French case

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

    In case C-17/19 (Bouygues travaux publics and Others), the ECJ found that an E-101 Certificate, issued by the competent institution of a Member State, to workers employed in the territory of another Member State, and an A-1 Certificate, issued by that institution to such workers, are binding on the courts or tribunals of the latter Member State solely in the area of social security.

Pending Cases

Case C-942/19, Fixed-term Work

Servicio Aragonés de la Salud – v – LB, reference lodged by the Tribunal Superior de Justicia de Aragón (Spain) on 31 December 2019

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

ECJ 16 July 2020, Case C-610/18 (AFMB and Others), Social Insurance

AFMB Ltd. and Others – v – Raad van bestuur van de Sociale verzekeringsbank, Dutch case

Journal European Employment Law Cases, Issue 3 2020
Keywords Social Insurance
Abstract

    The employer of drivers of heavy goods vehicles employed in international long-distance transport is the transport undertaking that has actual authority over those drivers, that bears, in reality, the cost of their wages and that has actual power to dismiss them.

Rulings

ECJ 8 September 2020, case C-119/19 P (Carreras Sequeros), Paid Leave, Miscellaneous

European Commission – v – Francisco Carreras Sequeros and Others, EU Case

Journal European Employment Law Cases, Issue 3 2020
Keywords Paid Leave
Abstract

    Article 31(2) of the Charter of Fundamental Rights only applies to the minimum four weeks of annual leave.

Pending Cases

Case C-233/20, Paid Leave

WD – v – job-medium GmbH in liquidation, reference lodged by the Oberster Gerichtshof (Austria) on 4 June 2020

Journal European Employment Law Cases, Issue 3 2020
Keywords Paid Leave
Pending Cases

Case C-265/20, Fixed-Term Work, Part Time Work

FN – v – Universiteit Antwerpen and Others, reference lodged by the Hof van beroep Antwerpen (Belgium) on 15 June 2020

Journal European Employment Law Cases, Issue 3 2020
Keywords Fixed-Term Work, Part Time Work
Pending Cases

Case C-236/20, Fixed-Term Work, Part Time Work, Paid Leave, Other Forms of Discrimination

PG – v – Ministero della Giustizia, CSM — Consiglio Superiore della Magistratura, Presidenza del Consiglio dei Ministri, reference lodged by the Tribunale Amministrativo Regionale per la Emilia Romagna (Italy) on 4 June 2020

Journal European Employment Law Cases, Issue 3 2020
Keywords Fixed-Term Work, Part Time Work, Paid Leave, Other Forms of Discrimination
Pending Cases

Case C-232/20, Temporary Agency Work

NP – v – Daimler AG, Mercedes-Benz Werk Berlin, reference lodged by the Ufficio del Giudice di Pace di Lanciano (Italy) on 28 May 2020

Journal European Employment Law Cases, Issue 3 2020
Keywords Temporary Agency Work
Rulings

ECJ 9 September 2020, Joined Cases C-674/18 and C-675/18 (TMD Friction), Transfer of Undertakings, Employment Terms, Insolvency

EM – v – TMD Friction GmbH (C-674/18) and FL – v – TMD Friction EsCo GmbH (C-675/18), German cases

Journal European Employment Law Cases, Issue 3 2020
Keywords Transfer of Undertakings, Insolvency
Abstract

    Member States can decide that rules on transfer of undertaking do not apply to supplementary occupational pension scheme accruals pre-transfer, if the transfer has been carried out by an insolvency administrator after the opening of insolvency proceedings.

Pending Cases

Case C-217/20, Paid Leave

XXXX – v – Staatssecretaris van Financiën, reference lodged by the Rechtbank Overijssel (Netherlands) on 25 May 2020

Journal European Employment Law Cases, Issue 3 2020
Keywords Paid Leave
Pending Cases

Case C-328/20, Social Insurance

European Commission – v – Republic of Austria, action brought on 22 July 2020

Journal European Employment Law Cases, Issue 3 2020
Keywords Social Insurance
Rulings

ECJ 9 July 2020, Case C-70/19 P (Commission – v – HM), Miscellaneous

European Commission – v – HM, EU Case

Journal European Employment Law Cases, Issue 3 2020
Keywords Miscellaneous
Abstract

    Internal EC case. An English translation is not available yet. The relevant case information and available translations are available here.

Pending Cases

Case C-220/20, Miscellaneous

XX – v – OO, reference lodged by the Ufficio del Giudice di Pace di Lanciano (Italy) on 28 May 2020

Journal European Employment Law Cases, Issue 3 2020
Keywords Miscellaneous
Rulings

ECJ 16 July 2020, Case C-658/18 (Governo della Repubblica italiana (Statut des juges de paix italiens)), Employment Status, Paid Leave, Fixed-Term Work

UX – v – Governo della Repubblica italiana, Italian case

Journal European Employment Law Cases, Issue 3 2020
Keywords Employment Status, Paid Leave, Fixed-Term Work
Abstract

    Magistrates who perform real and actual duties are entitled to paid leave and can be deemed to be fixed-term workers within the scope of Clause 2(1) of Directive 1999/70.

Pending Cases

Case C-262/20, Working Time, Other Forms of Discrimination

VB – v – Glavna Direktsia ‘Pozharna bezopasnost i zaschtita na naselenieto’ kam Ministerstvo na vatreshnite raboti, reference lodged by the Rayonen sad Lukovit (Bulgaria) on 15 June 2020

Journal European Employment Law Cases, Issue 3 2020
Keywords Working Time, Other Forms of Discrimination
Pending Cases

Case C-202/20 P, Miscellaneous

Claudio Necci – v – European Commission, European Parliament, Council of the European Union, appeal against judgment of the General Court (Fourth Chamber) of 25 March 2020 in Case T-129/19, Necci – v – Commission

Journal European Employment Law Cases, Issue 3 2020
Keywords Miscellaneous
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