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Rulings

ECJ 19 November 2020, Case C-93/19 P (EEAS – v – Hebberecht), Gender Discrimination, Miscellaneous

European External Action Service (EEAS) – v – Chantal Hebberecht, EU case

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

    In its consideration of Ms Hebberecht’s request to extend her posting, EEAS could not exclude equal treatment aspects from the consideration on grounds that they were not deemed relevant in the interests of the service.

    Internal disciplinary case, claims rejected.

    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.
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.

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

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.

Rulings

ECJ 11 June 2020, case C-114/19 P (Di Bernardo), Miscellaneous

European Commission – v – Danilo Di Bernardo, EU Case

Journal European Employment Law Cases, Issue 2 2020
Keywords Miscellaneous
Abstract

    EC infringed its obligations to state reasons for not including an applicant on the reserve list for an open competition position.

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.

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-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

    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 4 June 2020, case C-828/18 (Trendsetteuse), Miscellaneous

Trendsetteuse SARL – v – DCA SARL, French case

Journal European Employment Law Cases, Issue 2 2020
Keywords Miscellaneous
Abstract

    A person does not necessarily need to have the power to change prices of goods which he sells as an agent for his principal, to be classified as commercial agent within the meaning of Article 1(2) of Directive 86/653/EEC.

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.

Case Reports

2020/34 Challenge to validity of Workplace Relations Act 2015 unsuccessful (IR)

Journal European Employment Law Cases, Issue 3 2020
Keywords Unfair Dismissal, Fair Trial, Miscellaneous
Authors Orla O’Leary
AbstractAuthor's information

    A recent challenge to the constitutionality of the Irish Workplace Relations Commission (WRC) has failed. The applicant in the case at hand argued that the WRC was unconstitutional for two reasons: (a) that the WRC carries out the administration of justice in breach of the general constitutional rule that only the courts may administer justice; and (b) several of the statutory procedures of the WRC were so deficient that they failed to vindicate the applicant’s personal constitutional rights. The High Court of Ireland dismissed both arguments.


Orla O’Leary
Orla O’Leary is a Senior Associate at Mason Hayes & Curran.
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
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