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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.

    The highest administrative court in the Netherlands has delivered a razor-sharp ruling on the intra-community service provision set out in Articles 56 and 57 of the Treaty on the Functioning of the European Union). This concerns ‘new’ EU-nationals who are still under transitional measures with regard to access to the labour markets of ‘old’ EU Member States. The judgment was preceded by a request from the Chairman to a State Councillor Advocate General to deliver his opinion on various aspects of punitive administrative law practice in the Netherlands. Both the opinion and the judgment are a welcome clarification and addition (or even correction) on the practice.


Othmar K. Traber
Othmar K. Traber is a partner at Ahlers & Vogel Rechtsanwalte PartG mbB in Bremen, www.ahlers-vogel.com.

    A recent decision by the Labour Court found that a policy requiring employees to speak English in the workplace constituted discrimination on grounds of national origin but was objectively justifiable.


Orla O’Leary
Orla O’Leary is a Senior Associate at Mason Hayes & Curran.
ECJ Court Watch

ECJ 26 July 2017, case C-175/16 (Hälvä), Working time

Hannele Hälvä and Others – v – SOS-Lapsikylä ry, Finish case

Journal European Employment Law Cases, Issue 3 2017
Keywords Working time
Abstract

    Relief workers who look after children in a family environment for SOS-Lapsikyläry, so relieving the children’s foster carers, do not fall within the scope of the exception provided for in Article 17(1) of the Working Time Directive.

    In an international road transport case the Dutch Appellate Court held that working from a given place is not relevant when applying the Posted Workers Directive.


Zef Even
Zef Even is a lawyer with SteensmaEven, www.steensmaeven.com, and professor at the Erasmus University Rotterdam.

Amber Zwanenburg
Amber Zwanenburg is a lecturer at the Erasmus University Rotterdam.
ECtHR Court Watch

ECtHR 25 October 2016, application nos. 45197/13, 53000/13 and 73404/13, Diplomatic immunity in labour relations

Radunović and Others – v – Montenegro, Montenegronian case

Journal European Employment Law Cases, Issue 1 2017
Keywords Diplomatic immunity in labour relations
ECtHR Court Watch

ECtHR 8 November 2016, application 26126/07, Diplomatic immunity in labour relations

Naku – v – Lithuania and Sweden, Lithuanian and Swedish case

Journal European Employment Law Cases, Issue 1 2017
Keywords Diplomatic immunity in labour relations
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