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Pending Cases

Case C-411/20, Free Movement, Social Insurance

S – v – Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit, reference lodged by the Finanzgericht Bremen (Germany) on 2 September 2020

Journal European Employment Law Cases, Issue 4 2020
Keywords Free Movement, Social Insurance

    The Employment Appeal Tribunal (EAT) has ruled that the provision under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) which renders changes to employees’ terms and conditions void if they are made because of the transfer applies to changes that are advantageous as well as detrimental to employees. On the facts of the case, this meant that owner-directors who had made significant improvements to their own employment terms before a TUPE transfer could not enforce these against the transferee employer.


Lisa Dafydd
Lisa Dafydd is an associate at Lewis Silkin LLP.
Rulings

ECJ 6 October 2020, Case C-181/19 (Job Center Krefeld), Social Insurance

Jobcenter Krefeld – Widerspruchsstelle – v – NK AG, Austrian case

Journal European Employment Law Cases, Issue 4 2020
Keywords Social Insurance
Abstract

    Regulation 492/2011 precludes legislation based on which a Member State denies a citizen from another EU member state his social benefits when his children still go to school in the (first) Member State. Unfortunately, no English translation is available yet.

Rulings

ECJ 1 December 2020, Case C-815/18 (Federatie Nederlandse Vakbeweging), Applicable Law, Posting of Workers and Expatriates

Federatie Nederlandse Vakbeweging – v – Van den Bosch Transporten BV, Van den Bosch Transporte GmbH, Silo-Tank Kft, Dutch case

Journal European Employment Law Cases, Issue 4 2020
Keywords Applicable Law, Posting of Workers and Expatriates
Abstract

    Posting of Workers: Directive 96/71/EC applies to the road transport sector. A worker is posted if his/her work has a sufficient connection with the host country.The ECJ’s summary of the case is available on: https://curia.europa.eu/jcms/jcms/p1_3345527/en/

    In a summary proceeding, the Court of Rotterdam has held that it is not clear whether the Non-Seafarers Work Clause, prohibiting lashing work on board of container ships being carried out by the crew, does indeed contribute to better employment and/or working conditions of seafarers. As a result of which the Clause – at this time – cannot be held to be outside the scope of competition law and the claim for compliance with the provision has been rejected. In the media, unions have stated that they will continue to enforce compliance with the Non-Seafarers Work Clause. It remains to be seen whether a court in main proceedings will reach a similar verdict.


Erick Hagendoorn
Erick Hagendoorn is an attorney-at-law at HerikVerhulst N.V., Rotterdam.
Pending Cases

Case C-372/20, Social Insurance, Gender Discrimination

QE – v – Finanzamt Wien für den 8., 16. und 17. Bezirk, reference lodged by the Bundesfinanzgericht (Austria) on 6 August 2020

Journal European Employment Law Cases, Issue 4 2020
Keywords Social Insurance, Gender Discrimination

    It was not contrary to Article 10 of the Charter to disciplinary transfer an Islamic teacher to another school 50 kilometres away, for sending an open letter concerning inter alia the Charlie Hebdo attacks in January 2015. His remarks were incompatible with the duty of discretion incumbent upon him as a teacher.

Rulings

ECJ 1 October 2020, Case C-612/19 P (CC/Parliament), Miscellaneous

CC – v – European Parliament, EU case

Journal European Employment Law Cases, Issue 4 2020
Keywords Miscellaneous
Abstract

    Claim for (further) damages following an inadequate recruitment procedure denied.

Pending Cases

C-405/20, Gender Discrimination, Pension

EB and Others – v – Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB), reference lodged by the Verwaltungsgerichtshof (Austria) on 28 August 2020

Journal European Employment Law Cases, Issue 4 2020
Keywords Gender Discrimination, Pension
Pending Cases

Case C-514/20, Paid Leave

DS – v – Koch Personaldienstleistungen GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 13 October 2020

Journal European Employment Law Cases, Issue 4 2020
Keywords Paid Leave
Rulings

ECJ 25 November 2020, case C-799/19 (Sociálna poisťovňa), Insolvency

NI, OJ, PK – v – Sociálna poisťovňa, Slovak case

Journal European Employment Law Cases, Issue 4 2020
Keywords Insolvency
Abstract

    An employer cannot be deemed to be in a ‘state of insolvency’ where an action for enforcement has been brought against him in connection with a judicially recognised claim for compensation, but the claim is deemed irrecoverable in the enforcement proceedings on account of that employer’s informal insolvency.

    Internal dismissal case, claims rejected. Unfortunately, no English translation is available.

Pending Cases

Case C-518/20, Paid Leave

XP – v – St. Vincenz-Krankenhaus GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 16 October 2020

Journal European Employment Law Cases, Issue 4 2020
Keywords Paid Leave
Pending Cases

Case C-502/20, Free Movement, Work and Residence Permit

TP – v – Institut des experts en automobiles, reference lodged by the Cour d’appel de Mons (Belgium) on 5 October 2020

Journal European Employment Law Cases, Issue 4 2020
Keywords Free Movement, Work and Residence Permit

    The Austrian Supreme Court has asked preliminary questions about the lawfulness of Section 10(2) of the Austrian Law on Annual Leave which stipulates that an employee is not entitled to an allowance in lieu of annual leave in respect to the current (last) working year if they terminate the employment relationship prematurely without good cause.


Maria Schedle
Maria Schedle is a partner at ENGELBRECHT Rechtsanwalts GmbH.

    On 13 December 2019 the European Free Trade Association (EFTA) Court held that a national provision that renders a father’s entitlement to parental benefits during a shared period of leave dependent on the mother’s situation, but not vice versa, fell outside the scope of Directive 2006/54/EC (the Equal Treatment Directive) since it did not concern “employment and working conditions” within the meaning of Article 14(1)(c) of that Directive. The action brought by the EFTA Surveillance Authority (ESA) was thus dismissed. The Court consequently did not consider whether the Norwegian rules amounted to unlawful discrimination under the Directive. Furthermore, no assessment was made as to the potential breach with the general principle of equality of gender under EEA law, as this had not been pleaded by ESA.


Jonas Thorsdalen Wik
Jonas Thorsdalen Wik is an attorneys-at-law at Hjort Law Firm (Oslo, Norway).

Dag Sørlie Lund
Dag Sørlie Lund is an attorneys-at-law at Hjort Law Firm (Oslo, Norway).
Rulings

ECJ 29 October 2000, Case C-243/19 (Veselības ministrija), Social Insurance, Miscellaneous

A – v – Veselības ministrija, Latvian case

Journal European Employment Law Cases, Issue 4 2020
Keywords Social Insurance, Miscellaneous
Abstract

    Article 20(2) of Regulation No 883/2004 does not preclude the insured person’s Member State of residence from refusing to grant that person the authorisation provided for in Article 20(1) of that regulation, where hospital care is available in that Member State but the treatment used is contrary to that person’s religious beliefs.

    Article 5(5) of Directive 2008/104 does not impose specific measures on Member States, but it does require that they take certain measures to reach its aim.

Pending Cases

Case C-350/20, Social Insurance

O.D. and Others – v – Istituto nazionale della previdenza sociale (INPS), reference lodged by Corte costituzionale (Italy) on 30 July 2020

Journal European Employment Law Cases, Issue 4 2020
Keywords Social Insurance
Rulings

ECJ 18 November 2020, Case C-463/19 (Syndicat CFTC), Gender Discrimination

Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle – v – Caisse primaire d’assurance maladie de la Moselle, French case

Journal European Employment Law Cases, Issue 4 2020
Keywords Gender Discrimination
Abstract

    A national collective agreement may reserve to mothers alone an additional maternity leave, as long as it seeks to protect them from the effects of pregnancy and motherhood.

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