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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

    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.
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
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-446/19 P, Miscellaneous

Stephan Fleig – v – European External Action Service, Appeal against the order of the General Court (First Chamber) delivered on 2 April 2019 in Case T-492/17

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

ECJ 21 November 2019, joined cases C-203/18 and C-374/18, Working time, Miscellaneous

Deutsche Post AG, Klaus Leymann – v – Land Nordrhein-Westfalen; UPS Deutschland Inc. & Co. OHG, DPD Dynamic Parcel Distribution GmbH & Co. KG, Bundesverband Paket & Expresslogistik eV – v – Deutsche Post AG, German cases

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

    This was a case alleging detrimental treatment for whistleblowing brought by an employee working outside the UK against two co-workers also working abroad in the same location. The Court of Appeal (CA) ruled that there was no jurisdiction for the Employment Tribunal (ET) to hear the claim in relation to personal liability of the co-workers because they were outside the scope of UK employment law. The CA’s judgment potentially has implications for other types of claim brought by UK employees posted abroad where similar personal liability provisions apply, such as discrimination and harassment.


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