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Rulings

ECJ 3 October 2019, case C-302/18 (X), Work and residence permit

X – v – Belgische Staat, Belgian case

Journal European Employment Law Cases, Issue 4 2019
Keywords Work and residence permit
Abstract

    The Constitutional Court of the Republic of Latvia has ruled that provisions of the Law on Higher Education Institutions stipulating that professors and associate professors are elected to the office for a fixed period of time, i.e. for six years, and that only fixed-term employment contracts are to be concluded with them are not compatible with the Constitution of the Republic of Latvia (Latvijas Republikas Satversme) (the ‘Constitution’), which among other things provides that everyone has the right to freely choose their employment and workplace according to their abilities and qualifications. The restriction of this right in this case cannot be regarded as proportionate since the legislator has failed to implement the requirements of the Fixed-term Work Directive 99/70/EC.


Andis Burkevics
Andis Burkevics is a counsel with SORAINEN.
Pending Cases

Case C-580/19, Working time

RJ – v – Stadt Offenbach am Main, reference lodged by the Verwaltungsgericht Darmstadt (Germany) on 30 July 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Working time
Rulings

ECJ 19 November 2019, joined cases C-609/17 and C-610/17 (TSN), Paid leave

Terveys- ja sosiaalialan neuvottelujärjestö (TSN) ry – v – Hyvinvointialan liitto ry; Auto- ja Kuljetusalan Työntekijäliitto AKT ry – v – Satamaoperaattorit ry, Finnish cases

Journal European Employment Law Cases, Issue 4 2019
Keywords Paid leave
Abstract

Case Reports

2019/51 Stand-by time from home is paid working time (RO)

Journal European Employment Law Cases, Issue 4 2019
Keywords Working time
Authors Andreea Suciu and Gabriela Ion
AbstractAuthor's information

    Stand-by time from home represents working time of medical personnel even for the periods when no medical activity was actually performed (no attendance at the hospital was required), the salary rights for such period being determined as a percentage of the hourly rate for the basic salary and the number of hours when stand-by time from home was performed.


Andreea Suciu
Andreea Suciu is the Managing Partner of Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).

Gabriela Ion
Gabriela Ion is an associate with Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).
Pending Cases

C-518/19 P, Miscellaneous

Jakov Ardalic and others – v – Council, Appeal against the judgment of the General Court (Eighth Chamber) delivered on 30 April 2019 in Joined Cases T-523/16 and T-542/16

Journal European Employment Law Cases, Issue 4 2019
Keywords Miscellaneous
Case Reports

2019/47 Transfer of undertakings does not include temporary agency workers (AT)

Journal European Employment Law Cases, Issue 4 2019
Keywords Transfer of undertakings, Transfer, Employees who transfer/refuse to transfer
Authors Thomas B. Pfalz
AbstractAuthor's information

    In a series of rulings the Austrian Supreme Court has made it clear that temporary agency workers are transferred to the transferee only if they are assigned to the transferor on a permanent basis. According to the Court, the facts of the cases at hand are not comparable to those of the ECJ ruling in Albron Catering BV (C-242/09). Hence the temporary agency workers remain with their original employer. However, some aspects of the Court’s reasoning seem unclear if not contradictory with regard to other recent judgments.


Thomas B. Pfalz
Thomas B. Pfalz is a Senior Scientist at the Institute for Law at the University of Klagenfurt.
Pending Cases

Case C-463/19, Gender discrimination

Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle – v – Caisse primaire d’assurance maladie de Moselle, reference lodged by the Conseil de prud’hommes de Metz (France) on 18 June 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Gender discrimination

    The Federal Labour Court had to decide on a case in which an employee asserted claims for damages against his public employer on account of an overtime regulation which infringed European law. However, because he had failed to comply with the time limits, his lawsuit was unsuccessful in the final instance.


Othmar K. Traber
Othmar K. Traber is a partner at Ahlers & Vogel Rechtsanwälte PartG mbB in Bremen, www.ahlers-vogel.com.

    The Supreme Court found that the Court of Appeal did not properly examine whether the difference of treatment of employees based on a social plan may be justified.


Ioana Cazacu
Ioana Cazacu is Managing Associate with POPOVICI NIŢU STOICA & ASOCIAŢII, Bucharest, Romania.
Case Reports

2019/43 Dismissal after childbirth-related leave (DK)

Journal European Employment Law Cases, Issue 4 2019
Keywords Gender discrimination
Authors Christian K. Clasen
AbstractAuthor's information

    The Danish Western High Court has ruled that the dismissal of an employee shortly after returning from childbirth-related leave did not constitute discrimination within the meaning of the Danish Act on Equal Treatment of Men and Women.


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

    The Federal Labour Court (Bundesarbeitsgericht – BAG) has decided that the entitlement to paid annual leave only expires at the end of the calendar year or at the end of a carry-over period if the employer has previously put the employee in a position to take his leave and yet the employee has not taken the leave out of his own free will. The court held that the employer must cooperate in granting the leave. He has to encourage the employee to take his – concrete numbered - leave and inform him accurately and in good time, that the entitlement to paid leave would otherwise expire.


Daniel Zintl
Daniel Zintl is an attorney-at-law with Luther Rechtsanwaltsgesellschaft mbH.
Pending Cases

Case C-598/19, Miscellaneous

Confederación Nacional de Centros Especiales de Empleo (CONACEE) – v – Diputación Foral de Guipúzcoa, reference lodged by the Tribunal Superior de Justicia del País Vasco (Spain) on 6 August 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Miscellaneous
Rulings

ECJ 5 November 2019, case C-192/18 (Commission – v – Poland), Gender Discrimination, Fair Trial

European Commission – v – Republic of Poland, EU Case

Journal European Employment Law Cases, Issue 4 2019
Keywords Gender discrimination, Fair trial
Abstract

Pending Cases

C-517/19 P, Miscellaneous

Maria Alvarez y Bejarano and Others – v – Commission, Appeal against the judgment of the General Court (Eighth Chamber) delivered on 30 April 2019 in Joined Cases T-516/16 and T-536/16

Journal European Employment Law Cases, Issue 4 2019
Keywords Miscellaneous
Case Reports

2019/46 Robbery attack: the responsibility of the employer? (SI)

Journal European Employment Law Cases, Issue 4 2019
Keywords Health and safety, Miscellaneous
Authors Petra Smolnikar and Romana Ulcar
AbstractAuthor's information

    A worker was performing regular work tasks at their workplace when an attempted robbery took place. The worker suffered serious facial injuries as a result of an assault by one of the robbers and they filed a lawsuit against their employer claiming the latter was fully liable (both objectively and subjectively) for the work accident entitling them to reimbursement of all damages resulting from the accident.
    The question that was raised was whether the employer can be held subjectively liable for an accident at work despite the fact that it had taken the necessary measures foreseen and/or imposed by law to prevent such accidents.


Petra Smolnikar
Petra Smolnikar is the founder and manager at the law firm PETRA SMOLNIKAR LAW, Ljubljana, Slovenia (http://petrasmolnikarlaw.eu).

Romana Ulcar
Romana Ulčar is a legal assistant at PETRA SMOLNIKAR LAW.
Pending Cases

Case C-635/19, Miscellaneous

Confederación Sindical Comisiones Obreras de Euskadi – v – Ayuntamiento de Arrigorriaga, reference lodged by the Órgano Administrativo de Recursos Contractuales de la Comunidad Autónoma de Euskadi (Spain) on 26 August 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Miscellaneous
Pending Cases

Case C-454/19, Free movement

ZW, reference lodged by the Amtsgericht Heilbronn (Germany) on 14 June 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Free movement
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