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Pending Cases

Case C-380/21, Social Insurance

Istituto nazionale della previdenza sociale (INPS) – v – Ryanair DAC, reference lodged by the Corte Suprema di Cassazione (Italy) on 18 January 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance
Pending Cases

Case C-311/21, Temporary Agency Work

CM – v – TimePartner Personalmanagement GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 18 May 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Temporary Agency Work
Pending Cases

Case C-427/21, Temporary Agency Work

LD – v – ALB FILS KLINIKEN GmbH, reference lodged by the Bundesarbeitsgericht (Germany) on 14 July 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Temporary Agency Work
Rulings

EFTA 15 July 2021, case E-11/20 (Eyjólfur Orri Sverrisson v The Icelandic State), Working Time

Eyjólfur Orri Sverrisson – v – The Islandic State, Islandic Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Working Time
Abstract

    Necessary travel time outside working hours constitutes working time.

Rulings

ECJ 15 July 2021, joined cases C-152/50 and C-218/20 (SC Gruber Logistics), Applicable Law

DG, EH – v – SC Gruber Logistics SRL (C-152/20) and Sindicatul Lucrătorilor din Transporturi, DT – v – SC Samidani Trans SRL (C-218/20), Romanian cases

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

    If parties choose the applicable law pursuant to Article 8(1) of the Rome I Regulation, the objectively applicable law (ex Article 8(2-4) does not apply with the exception of ‘provisions that cannot be derogated from by agreement’. Moreover, the choice for the applicable law must be free, but is considered to be made freely even if the employee merely accepts a clause drafted by the employer.

Pending Cases

Case C-450/21, Fixed-Term Work

UC – v – Ministero dell’Istruzione, reference lodged by the Tribunale ordinario di Vercelli (Italy) on 20 July 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Fixed-Term Work
Case Reports

2021/32 Grand Chamber confirms no double punishment for illegal employment (SK)

Journal European Employment Law Cases, Issue 3 2021
Keywords Other Fundamental Rights
Authors Dušan Nitschneider and Danica Valentová
AbstractAuthor's information

    The Grand Chamber of the Slovakian Supreme Court has unanimously decided that employers cannot be penalised by two different agencies for one violation of employment law rules and that the ne bis in idem principle also applies to two administrative breaches of the law.


Dušan Nitschneider
Dušan Nitschneider is a partner at Nitschneider & Partners.

Danica Valentová
Danica Valentová is a senior associate at Nitschneider & Partners.
Pending Cases

Case C-377/21, Part-time Work

Ville de Mons, Zone de secours Hainaut – Centre – v – RM, reference lodged by the Cour du travail de Mons (Belgium) on 7 June 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Part-time Work

    The Bulgarian Supreme Administrative Court has held that not only employees working under an employment relationship but also state officials enjoy special protection against termination.


Kalina Tchakarova
Kalina Tchakarova is a partner at Djingov, Gouginski, Kyutchukov and Velichkov.
Pending Cases

Case C-488/21, Social Insurance

GV – v – Chief Appeals Officer, Social Welfare Appeals Office, Minister for Employment Affairs and Social Protection, Ireland, Attorney General, reference lodged by the Court of Appeal (Ireland) on 10 August 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance
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.

    Ryanair and Crewlink have finally been found in violation of Belgian mandatory provisions following the ruling of the ECJ in cases C-168/16 and C-169/16 (Nogueira and Others) and ordered to pay certain amounts to the employees involved by virtue of Belgian mandatory provisions. Yet, this trade union victory has a bitter taste for those employees, who were refused their main claim, i.e. to be paid normal remuneration for on-call time at the airport.


Gautier Busschaert
Gautier Busschaert is an Attorney at Van Olmen & Wynant.
Pending Cases

Case C-477/21, Working Time

IH – v – MÁV-START Vasúti Személyszállító Zrt., reference lodged by the Miskolci Törvényszék (Hungary) on 3 August 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Working Time
Rulings

ECJ 15 July 2021, case C-535/19 (A (Soins de santé publics)), Social Insurance

A (Intervening Party: Latvijas Republikas Veselības ministrija), Latvian case

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance
Abstract

    Economically inactive Union citizens residing in a Member State other than their Member State of origin have the right to be affiliated to the public sickness insurance system of the host Member State, but not necessarily free of charge.

Rulings

ECJ 15 July 2021, case C-709/20 (The Department for Communities in Northern Ireland), Social Insurance, Other Fundamental Rights

CG – v – The Department for Communities in Northern Ireland, UK Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance, Other Fundamental Rights
Abstract

    British Universal Credit legislation is compatible with the principle of equal treatment guaranteed by EU law, but cannot expose Union citizens and their children to a risk of violation of their rights enshrined in the Charter of Fundamental Rights of the European Union, in particular the respect for human dignity.

Rulings

ECJ 6 October 2021, case C-538/19 (Casa Naţională de Asigurări de Sănătate en Casa de Asigurări de Sănătate Constanţa), Social Insurance

TS, UT, VU – v – Casa Naţională de Asigurări de Sănătate and Casa de Asigurări de Sănătate Constanţa, Romanian case

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance
Abstract

    An insured person is entitled to a full cost reimbursement for an allowed medical treatment in the Member State, if the initial medical advice in the Member State led to permission for a medical treatment which differed from the eventual treatment following a second – and better – medical advice in the Member State where he underwent the medical treatment, if there was no time to obtain permission for that second treatment.

Rulings

ECJ 28 October 2021, case C-909/19 (Unitatea Administrativ Teritorială D.), Working Time

BX – v – Unitatea Administrativ Teritorială D., Romanian case

Journal European Employment Law Cases, Issue 3 2021
Keywords Working Time
Abstract

    Vocational training is working time.

Pending Cases

Case C-301/21, Discrimination General, Age Discrimination

Curtea de Apel Alba Iulia and Others – v – YF and Others, reference lodged by the Curtea de Apel Oradea (Romania) on 11 May 2021

Journal European Employment Law Cases, Issue 3 2021
Keywords Discrimination General, Age Discrimination
Rulings

ECJ 30 September 2021, case C-285/20 (Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv)), Social Insurance

K – v – Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv), Dutch Case

Journal European Employment Law Cases, Issue 3 2021
Keywords Social Insurance
Abstract

    Article 65 (2 and 5) must be interpreted as applying to applicants who received sickness benefits in another member state if the social security legislation of the competent member state equates receiving sickness benefits to the pursuit of an activity.

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