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Rulings

ECJ 6 October 2021, case C-431/20 P (Tognoli and Others v Parliament), Miscellaneous

Carlo Tognoli and Others – v – European Parliament, EU Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Miscellaneous
Abstract

    Successful appeal against General Court Order dated 3 July 2020 on rejection of claims regarding recovery of pension amounts. The case is referred back to the General Court for a ruling on the claims made by Mr Tognoli and Others.

Rulings

ECJ 16 September 2021, case C-410/19 (The Software Incubator Ltd), Miscellaneous

The Software Incubator Ltd – v – Computer Associates (UK) Ltd, UK Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Miscellaneous
Abstract

    The concept of ‘sale of goods’ referred to in the self-employed commercial agents directive covers the supply of licensed computer software.

Rulings

ECJ 6 October 2021, case C-272/20 P (Veit/ECB), Miscellaneous

Sebastian Veit – v – European Central Bank (ECB), EU Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Miscellaneous
Abstract

    Mr Veit’s complaint against his salary scale classification was dismissed.

Rulings

ECJ 14 October 2021, case C-583/19 P (Bernaldo de Quirós v Commission), Miscellaneous

Belén Bernaldo de Quirós – v – European Commission, EU Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Miscellaneous
Abstract

    The ECJ, like the General Court, dismissed the appeal against the imposed disciplinary sanction.

Rulings

ECJ 6 October 2021, case C-408/20 P (Poggiolini v Parliament), Miscellaneous

Danilo Poggiolini – v – European Parliament, EU Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Miscellaneous
Abstract

    Successful appeal against General Court Order dated 3 July 2020 on rejection of claims regarding recovery of pension amounts. The case is referred back to the General Court for a ruling on the claims made by Mr Poggiolini.

Rulings

ECJ 6 October 2021, case C-598/19 (Conacee), Miscellaneous

Confederación Nacional de Centros Especiales de Empleo (Conacee) – v – Diputación Foral de Gipuzkoa, Spanish case

Journal European Employment Law Cases, Issue 3 2021
Abstract

    Member States may impose additional criteria in reserving the right to participate in public procurement to particular sheltered workshops, provided that they comply with the principles of equal treatment and proportionality.

Rulings

ECJ 15 July 2021, case C-851/19 P (DK/EEAS), Miscellaneous

DK – v – European External Action Service (EEAS), EU Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Miscellaneous
Abstract

    Internal EU Case. Appeal against disciplinary pension deduction dismissed.

Rulings

ECJ 20 May 2021, Case C-63/20 P (Dickmanns/EUIPO), Miscellaneous

Sigrid Dickmanns – v – EUIPO, EU Case

Journal European Employment Law Cases, Issue 2 2021
Keywords Miscellenaeous
Abstract

    Appeal against termination of agency contract was dismissed.

Rulings

ECJ 15 April 2021, Case C-875/19 P (FV/Council), Miscellaneous

FV – v – Council of the European Union, EU case

Journal European Employment Law Cases, Issue 2 2021
Keywords Miscellaneous
Abstract

    Appeal to annul the appellant’s 2013 staff (performance) report rejected.

Rulings

ECJ 12 May 2021, Case C-202/20 P (Necci / Commission), Miscellaneous

Claudio Necci – v – European Commission, EU case

Journal European Employment Law Cases, Issue 2 2021
Keywords Miscellaneous
Abstract

    EC’s Rejection of request to join the Joint Sickness Insurance Scheme of the Institutions of the European Communities found illegitimate, case referred back to General Court.

    Mandatory vaccination policies may not be contrary to art. 8 ECHR.

Rulings

ECJ 10 June 2021, case C-591/19 P (Commission v De Esteban Alonso), Miscellaneous

European Commission – v – Fernando De Esteban Alonso, EU case

Journal European Employment Law Cases, Issue 2 2021
Keywords Miscellaneous
Abstract

    European Anti-fraud Office and the Commission not found liable for alleged conduct in the context of criminal investigations against a former employee.

Rulings

ECJ 15 April 2021, Case C-877/19 P (FV/Council), Miscellaneous

FV – v – Council of the European Union, EU case

Journal European Employment Law Cases, Issue 2 2021
Keywords Miscellaneous
Abstract

    Appeal to annul the appellant’s 2014 and 2015 staff (performance) reports rejected.

Pending Cases

Case C-677/20, Information and Consultation, Miscellaneous

Industriegewerkschaft Metall (IG Metall) and ver.di – Vereinte Dienstleistungsgewerkschaft, reference lodged by the Bundesarbeitsgericht (Germany) on 11 December 2020

Journal European Employment Law Cases, Issue 1 2021
Keywords Information and Consultation, Miscellaneous
Rulings

ECJ 24 March 2021, case C-950/19 (A), Miscellaneous, Other Fundamental Rights

A. Intervening party: Patentti- ja rekisterihallituksen tilintarkastuslautakunta, Finnish Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Miscellaneous, Other Fundamental Rights
Abstract

    The prohibition to ‘take up a position’ within the meaning of Article 22(a)(1)(a) of Directive 2006/43 includes concluding an employment contract, even if the employee has not yet begun to actually perform his or her duties in that post.

Rulings

ECJ 17 December 2020, case C-601/19 P (BP v FRA), Miscellaneous

BP – v – European Union Agency for Fundamental Rights (FRA), EU Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Miscellaneous
Abstract

    Appeal against non-renewal of fixed-term contract found invalid.

Rulings

ECJ 25 March 2021, joined cases C-517/19 P and C-518/19 P (Alvarez y Bejarano and Others – v – Commission), Miscellaneous

María Álvarez y Bejarano and Others – v – European Commission (C-517/19 P), Council of the European Union (C-157/19 P and C-518 P) and European Parliament (C-157/19 P and C-518 P), EU Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Miscellaneous
Abstract

    Internal EU Case. Rejection of appeals to EC’s and Council’s decision to revoke officials’ rights to (i) leave of 2.5 days for travelling to the home country and (ii) to a fixed allowance for travelling expenses.

Rulings

ECJ 24 March 2021, joined cases C-870/19 and C-871/19 (Prefettura Ufficio territoriale del governo di Firenze), Working Time, Miscellaneous

Prefettura Ufficio territoriale del governo di Firenze – v – MI (C-870/19) and TB (C-871/19), Italian Case

Journal European Employment Law Cases, Issue 1 2021
Keywords Working Time, Miscellaneous
Abstract

    Lorry, motor coach and bus drivers who, during an inspection, do not produce the record sheets for the tachograph relating to the current day and the previous 28 days are subject to a single penalty, irrespective of the number of missing record sheets

    Transfer of the actuarial equivalent of pension rights from the EU pension scheme to a national scheme is possible not only if the employee enters the national administration for the first time, but also if s/he returns to it.

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