Search result: 400 articles

x
Year 2020 x
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

    The Greek Supreme Court in Plenary Session, in a long-awaited decision, has ruled that an employee who has not been able to exercise his right to annual leave due to long-term sick leave is still entitled to his paid annual leave as well as to annual leave allowance.


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

    Within the context of a transfer of undertaking in an asset reliant group of companies, the court should not just focus on whether the assets have been transferred between the two separate group companies, but also on whether one group company had actual control over the operation of the other group company.


Zef Even
Zef Even is a partner at SteensmaEven, Rotterdam, professor at Erasmus School of Law and editor-in-chief of EELC.

Eva Poutsma
Eva Poutsma is an attorney-at-law at SteensmaEven, Rotterdam.
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

    Applying the ECJ’s Maschek judgment, the Zutphen subdistrict court has found that an employee was not entitled to an allowance in lieu of untaken paid annual leave at the end of the employment relationship, as she had already received special leave. Moreover, the obligation to inform the employee concerning the right to (exercise) paid annual leave did not rest upon the employer.


Lisa de Vries
Lisa de Vries is a student at Erasmus School of Law and Editorial Assistant of EELC.

Jan-Pieter Vos
Jan-Pieter Vos is Labour Law teacher and PhD candidate at Erasmus School of Law and editor of EELC.
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.

    The Supreme Court of the Netherlands has quashed a verdict of the Court of Appeal that held that a social plan provision stipulating the capping of a redundancy allowance in view of an entitlement to early retirement pension was invalid because of age discrimination. According to the Supreme Court, a more marginal justification test should have been applied to a social plan. The Court of Appeal, moreover, did not consider all the legitimate aims it specified and should also have taken additional social plan measures as well as pension measures from the past into account. By not doing so, it was not properly examined whether the social plan constituted age discrimination.


Albertine Veldman
Albertine Veldman is a lecturer in European and Dutch labour law at Utrecht University, The Netherlands.
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
Case Reports

2020/14 Sickness absence related to employee’s disability (DK)

Journal European Employment Law Cases, Issue 2 2020
Keywords Disability Discrimination, Unfair Dismissal
Authors Christian K. Clasen
AbstractAuthor's information

    Recently, the Danish Eastern High Court found that an employee’s sickness absence was a result of the employer’s failure to comply with its obligation to offer reasonable accommodation for the employee’s disability. For that reason the employee, who was dismissed in pursuance of the Danish ‘120-day rule’, was entitled to compensation for unfair dismissal under the Danish Anti-Discrimination Act.


Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding, Copenhagen.
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.

    The Supreme Court has allowed an appeal by one of the UK’s major supermarket chains, overturning a finding that it was vicariously liable for a rogue employee’s deliberate disclosure of payroll data related to some 100,000 co-workers, of whom 10,000 brought a group claim for damages.


Richard Lister
Richard Lister is a Managing Practice Development Lawyer at Lewis Silkin LLP.
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.

Showing 121 - 140 of 400 results
1 2 3 4 5 7 9 10 11 19 20
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.