In its consideration of Ms Hebberecht’s request to extend her posting, EEAS could not exclude equal treatment aspects from the consideration on grounds that they were not deemed relevant in the interests of the service. |
Rulings |
ECJ 19 November 2020, Case C-93/19 P (EEAS – v – Hebberecht), Gender Discrimination, MiscellaneousEuropean External Action Service (EEAS) – v – Chantal Hebberecht, EU case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Gender Discrimination, Miscellaneous |
Abstract |
Rulings |
ECJ 12 November 2020, Case C-382/19 P (Pethke – v – EUIPO), MiscellaneousRalph Pethke – v – EUIPO, EU Case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Miscellaneous |
Abstract |
Internal disciplinary case, claims rejected. |
Case Reports |
2020/45 Non-Seafarers Work Clause: contributing to better employment conditions or not? (NL) |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Unions, Miscellaneous |
Authors | Erick Hagendoorn |
AbstractAuthor's information |
In a summary proceeding, the Court of Rotterdam has held that it is not clear whether the Non-Seafarers Work Clause, prohibiting lashing work on board of container ships being carried out by the crew, does indeed contribute to better employment and/or working conditions of seafarers. As a result of which the Clause – at this time – cannot be held to be outside the scope of competition law and the claim for compliance with the provision has been rejected. In the media, unions have stated that they will continue to enforce compliance with the Non-Seafarers Work Clause. It remains to be seen whether a court in main proceedings will reach a similar verdict. |
Rulings |
ECJ 1 October 2020, Case C-612/19 P (CC/Parliament), MiscellaneousCC – v – European Parliament, EU case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Miscellaneous |
Abstract |
Claim for (further) damages following an inadequate recruitment procedure denied. |
Rulings |
ECJ 12 November 2020, Case C-446/19 P (Fleig – v – EEAS), MiscellaneousStephan Fleig – v – EEAS, EU Case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Miscellaneous |
Abstract |
Internal dismissal case, claims rejected. Unfortunately, no English translation is available. |
Rulings |
ECJ 29 October 2000, Case C-243/19 (Veselības ministrija), Social Insurance, MiscellaneousA – v – Veselības ministrija, Latvian case |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Social Insurance, Miscellaneous |
Abstract |
Article 20(2) of Regulation No 883/2004 does not preclude the insured person’s Member State of residence from refusing to grant that person the authorisation provided for in Article 20(1) of that regulation, where hospital care is available in that Member State but the treatment used is contrary to that person’s religious beliefs. |
Rulings |
ECJ 11 June 2020, case C-114/19 P (Di Bernardo), MiscellaneousEuropean Commission – v – Danilo Di Bernardo, EU Case |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Miscellaneous |
Abstract |
EC infringed its obligations to state reasons for not including an applicant on the reserve list for an open competition position. |
Rulings |
ECJ 26 March 2020, joined cases C-542/18 RX-II and C-543/18 RX-II (Réexamen Simpson – v – Council), MiscellaneousErik Simpson – v – Council of the European Union (C-542/18 RX-II); HG – v – European Commission (C-543/18 RX-II), EU cases |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Miscellaneous |
Abstract |
Internal EU staff cases. Earlier judgments implying that panel of judges had been irregular affect the unity and consistency of EU law. |
Rulings |
ECJ 7 May 2020, case C-96/19 (Bezirkhauptmannschaft Tulln), Working Time, MiscellaneousVO – v – Bezirkshauptmannschaft Tulln, Austrian case |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Working Time, Miscellaneous |
Abstract |
A Member State can require a driver of a vehicle with a digital tachograph, if both automatic and manual entry are lacking, to present a statement which his employer has drawn up according to the form annexed to Decision 2009/959/EU on a form concerning social legislation relating to road transport activities. |
Pending Cases |
Case C-63/20 P, MiscellaneousSigrid Dickmanns – v – European Union Intellectual Property Office (EUIPO), appeal against judgment of the General Court (Eighth Chamber) of 18 November 2019 in Case T-181/19 Sigrid Dickmanns v European Union Intellectual Property Office (EUIPO) |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Miscellaneous |
Case Reports |
2020/21 Employer not liable for misuse of personal data by ‘rogue’ employee (UK) |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Privacy |
Authors | Richard Lister |
AbstractAuthor's information |
The Supreme Court has allowed an appeal by one of the UK’s major supermarket chains, overturning a finding that it was vicariously liable for a rogue employee’s deliberate disclosure of payroll data related to some 100,000 co-workers, of whom 10,000 brought a group claim for damages. |
Pending Cases |
Case C-54/20 P, MiscellaneousEuropean Commission – v – Stefano Missir Mamachi di Lusignano and Others, appeal against judgment of the General Court (Eighth Chamber) of 20 November 2019 in Case T-502/16, Stefano Missir Mamachi di Lusignano and Others v Commission |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Miscellaneous |
Rulings |
ECJ 4 June 2020, case C-828/18 (Trendsetteuse), MiscellaneousTrendsetteuse SARL – v – DCA SARL, French case |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Miscellaneous |
Abstract |
A person does not necessarily need to have the power to change prices of goods which he sells as an agent for his principal, to be classified as commercial agent within the meaning of Article 1(2) of Directive 86/653/EEC. |
Rulings |
ECJ 8 September 2020, case C-119/19 P (Carreras Sequeros), Paid Leave, MiscellaneousEuropean Commission – v – Francisco Carreras Sequeros and Others, EU Case |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Paid Leave |
Abstract |
Article 31(2) of the Charter of Fundamental Rights only applies to the minimum four weeks of annual leave. |
Case Reports |
2020/34 Challenge to validity of Workplace Relations Act 2015 unsuccessful (IR) |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Unfair Dismissal, Fair Trial, Miscellaneous |
Authors | Orla O’Leary |
AbstractAuthor's information |
A recent challenge to the constitutionality of the Irish Workplace Relations Commission (WRC) has failed. The applicant in the case at hand argued that the WRC was unconstitutional for two reasons: (a) that the WRC carries out the administration of justice in breach of the general constitutional rule that only the courts may administer justice; and (b) several of the statutory procedures of the WRC were so deficient that they failed to vindicate the applicant’s personal constitutional rights. The High Court of Ireland dismissed both arguments. |
Rulings |
ECJ 9 July 2020, Case C-70/19 P (Commission – v – HM), MiscellaneousEuropean Commission – v – HM, EU Case |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Miscellaneous |
Abstract |
Internal EC case. An English translation is not available yet. The relevant case information and available translations are available here. |
Pending Cases |
Case C-220/20, MiscellaneousXX – v – OO, reference lodged by the Ufficio del Giudice di Pace di Lanciano (Italy) on 28 May 2020 |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Miscellaneous |
Article |
2020/30 Self-employment matters – the EU’s response to the lack of social protection for independent workers |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Employment status, Miscellaneous |
Authors | Luca Ratti |
AbstractAuthor's information |
The recent spread of the Covid-19 pandemic has shown how economic vulnerability varies considerably across European Member States (MSs), and so does social protection in the European Union (EU). The social and economic consequences of the pandemic have impacted asymmetrically national labour markets and exacerbated existing disparities and contradictions. A measure that most governments have introduced in the immediate aftermath has been that of making financial support available to those self-employed workers who lost fully or in part their income. Most MSs have employed quantitative thresholds to identify those self-employed more in need of public subsidies and have proportioned them according to the pre-pandemic levels of income, on the condition that they have been officially recorded as taxable revenues. |
Pending Cases |
Case C-202/20 P, MiscellaneousClaudio Necci – v – European Commission, European Parliament, Council of the European Union, appeal against judgment of the General Court (Fourth Chamber) of 25 March 2020 in Case T-129/19, Necci – v – Commission |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Miscellaneous |
Rulings |
ECJ 4 December 2019, case C-413/18 P (H – v – Council), MiscellaneousH – v – Council of the European Union, EU case |
Journal | European Employment Law Cases, Issue 1 2020 |
Keywords | Miscellaneous |
Abstract |
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