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Law Review

Access_open 2018/1 EELC’s review of the year 2017

Journal European Employment Law Cases, Issue 1 2018
Authors Ruben Houweling, Catherine Barnard, Zef Even e.a.
Abstract

    This is the first time we have produced a review of employment law cases from the previous year, based on analysis by various of our academic board members. But before looking at their findings, we would first like to make some general remarks.


Ruben Houweling

Catherine Barnard

Zef Even

Amber Zwanenburg

Daiva Petrylaitė

Petr Hůrka

Jean-Philippe Lhernould

Erika Kovács

Jan-Pieter Vos

Andrej Poruban

Luca Ratti

Niklas Bruun

Francesca Maffei
Case Reports

2017/9 The influence of the threat of terrorism on the right to strike (NL)

Journal European Employment Law Cases, Issue 1 2017
Keywords Industrial action, Strike
Authors Ruben Houweling and Amber Zwanenburg
AbstractAuthor's information

    The Dutch Cantonal judge prohibited a strike because the safety of passengers could not be guaranteed. At the hearing, which took place a few days after the Berlin Christmas market attacks, weight was given to the threat of terrorism. Nor is this the first time the threat of terrorism has been explicitly referred to by a Dutch court in a case concerning the right to strike.


Ruben Houweling
Ruben Houweling and Amber Zwanenburg are respectively a professor and a lecturer of Labour Law at the Erasmus University Rotterdam.

Amber Zwanenburg
Case Reports

2016/55 New Supreme Court decision on the distinction between independent contractors and employees (NO)

Journal European Employment Law Cases, Issue 4 2016
Keywords Independent contractors, Employees
Authors Marianne Jenum Hotvedt and Anne-Beth Engan
AbstractAuthor's information

    EU employment protection is usually limited to “employees”, meaning that independent contractors are not covered. However, EU law often leaves it to Member States to determine the meaning of employee. The directives regulating transfers of undertakings, collective redundancies, written working conditions, information and consultation, part-time work, temporary agency workers etc. are all examples of protection covering only ‘employees’ as defined by each Member State.
    Consequently, the interpretation of ‘employee’ at the national level determines whether protection in EU law applies. This case report concerns the distinction between an independent contractor and employee. The question was whether a support worker for a child needing extra care and support should be considered as employed by Ålesund municipality. The majority (4-1) found that the support worker was an employee. The case illustrates how the notion of employee in Norwegian law adapts to new ways of organising work and may be of interest in other jurisdictions.


Marianne Jenum Hotvedt
Marianne Jenum Hotvedt is a postdoctoral fellow at the Department of Private law, University in Oslo. In 2015, she got her Ph.D. on the thesis ‘The Employer Concept’.

Anne-Beth Engan
Anne-Beth Engan is an associate with Advokatfirmaet Selmer DA in Oslo.

Hannes Rösler
Dr. iur. (Marburg), LL.M. (Harvard), Senior Research Fellow, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany. The article is based on a talk given by the author at a conference in Skopje, Former Yugoslav Republic of Macedonia, as an expert of the German Foundation for International Legal Cooperation (IRZ-Stiftung).
Practice

When the Package Holiday is Not Realized

A Piece of EU Consumer Law under Review

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords package holiday, consumer law, contract law
Authors Dr. Josep M. Bech Serrat
AbstractAuthor's information

    When a package travel contract is not realized, the organizer assumes the obligation to inform the consumer, to provide a refund and to provide alternative services. All these measures form part of the core of the EU’s legislative acquis and are mainly governed by Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours. The Directive employs a fragmented approach and is currently under review. This area also remains outside the new comprehensive approach introduced by the Proposal for a Directive of the European Parliament and the Council of 8 October 2008 on consumer rights, and it would appear that this harmonization ‘deficit’ will be covered by means of ‘vertical action’. The aims of this paper are to contrast the existing regulations in this field with the general rules of consumer contract law, to identify the inconsistencies involved and to present some proposals regarding performance rules.


Dr. Josep M. Bech Serrat
Dr. Josep M. Bech Serrat is Lecturer in Civil Law at Tourism School, University of Girona.
Article

Forum-Selection Clauses in Suborbital Space Tourism Contracts and EU Law

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors M. Chatzipanagiotis

M. Chatzipanagiotis
Article

Duties and Liabilities of Space Tourist Operators

Legal Issues of Private Spaceflight and Space Tourism

Journal International Institute of Space Law, Issue 2 2007
Authors Z.N. O'Brien

Z.N. O'Brien

V. Gopala Krishnan

M. Mejia-Kaiser

R. Kaul

T. Masson-Zwaan
Article

Consumer Protection and the Limitation of Liability in the National Regulation of the Space Industry

Other Legal Matters I, Including Legal Aspects of Sub-Orbital Flights

Journal International Institute of Space Law, Issue 3 2005
Authors Z.N. O'Brien

Z.N. O'Brien
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