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ECJ Court Watch

ECJ 20 December 2017, case C-434/15 (Uber Spain), Employment status

Asociación Profesional Élite Taxi – v – Uber Systems Spain SL, Spanish case

Journal European Employment Law Cases, Issue 1 2018
Keywords Employment status
Abstract

    The overall degree of control which the Uber platform exercises over the workforce does not suggest that it acts merely as an intermediary. The services Uber provides fall within the field of transport within the meaning of EU law and not under the freedom to provide services. It is therefore for the Member States to regulate the conditions under which such services are to be provided in conformity with the general rules of the TFEU.

ECJ Court Watch

ECJ 14 September 2017, case C-168/16 and C-169/16 (Ryanair), Private international law

Sandra Nogueira and Others – v – Crewlink Ireland Ltd and Miguel José Moreno Osacar – v – Ryanair Designated Activity Company

Journal European Employment Law Cases, Issue 4 2017
Keywords Private international law
Abstract

    When determining the place from which airline cabin crewmembers habitually carry out their work, the concept of ‘home base’ is a significant indicator.

ECJ Court Watch

ECJ 27 April 2017, C-620/15 (A-Rosa Flussschiff), Free movement, social insurance

A-Rosa Flussschiff GmbH – v – Union de recouvrement des cotisations de sécurité sociale et d’allocations familiales d’Alsace (URSSAF), venant aux droits de l’URSSAF du Bas-Rhin and Sozialversicherungsanstalt des Kantons Graubünden, French case

Journal European Employment Law Cases, Issue 2 2017
Keywords free movement: social insurance
Abstract

    An E101 certificate, issued by the institution designated by the competent authority of a Member State under Article 14(2)(a) of Regulation No 1408/71, is binding on both the social security institutions of the Member State in which the work is carried out and the courts of that Member State – even when it is found by those courts that the conditions under which the workers carried out their activities did not fall within the scope of the provisions of Regulation no 1408/71.

ECJ Court Watch

ECJ 2 March 2017, case C-496/15 (Eschenbrenner), Freedom of movement

Alphonse Eschenbrenner – v – Bundesagentur für Arbeit, German case

Journal European Employment Law Cases, Issue 2 2017
Keywords Freedom of movement
ECJ Court Watch

ECJ 15 December 2016, joined cases C-401/15 to C-403/15 (Depesme), Free movement, social insurance

Noémie Depesme (C-401/15), Saïd Kerrou (C-401/15), Adrien Kauffmann (C-402/15) and Maxime Lefort (C-403/15) – v – Ministre de l’Enseignement supérieur et de la Recherche, Luxembourgian case

Journal European Employment Law Cases, Issue 1 2017
Keywords Free movement, Social insurance
Abstract

    These cases concern the refusal by Luxembourg to grant financial aid to students studying in Luxembourg whilst living in France or Belgium, when they would be entitled to such aid under Regulation 492/2011 on free movement (pursuant to Article 45 TFEU), based on their family circumstances, were it not that the person employed in Luxembourg was not their father but their stepfather. The ECJ found in favour of the students.

ECJ Court Watch

Case C-20/16. Free movement – Tax

Wolfram Bechtel, Marie-Laure Bechtel – v – Finanzamt Offenburg, reference lodged by the German Bundesfinanzhof on 15 January 2016

Journal European Employment Law Cases, Issue 2 2016
Keywords Free movement, Tax
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