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Pending Cases

Case C-574/21, Miscellaneous

QT – v – Czech Republic a.s., reference lodged by the Nejvyšší soud České republiky (Czech Republic) on 20 September 2021

Journal European Employment Law Cases, Issue 4 2021
Keywords Miscellaneous

    By a majority of 4-3, the Supreme Court of Ireland has held that the Workplace Relations Commission’s power to adjudicate disputes between employers and employees was not unconstitutional. However, the majority of the Supreme Court did find that certain aspects of the Commission’s procedures were unconstitutional, namely the blanket ban on public hearings and the lack of capacity for taking evidence on oath. The Workplace Relations Act 2015 and the Workplace Relations Commission procedures have consequently been amended to address these issues. This case report is a follow-up on EELC 2020/34.


Laura Ryan
Laura Ryan is an Associate at Mason Hayes & Curran.

    The wording of a global exclusion clause in an employment contract also covered claims asserted on the grounds of intentional damage. However, such a clause was invalid in the case at hand because it resulted in a shortening of the statutory limitation periods. Both parties to the employment contract could not therefore refer to such a contractual exclusion clause. The consequence was that the statutory limitation periods applied. The employer can also invoke the invalidity of the exclusion clause, even if it drafted the clause itself. The judgment may also have important consequences for collective agreements.


Jana Voigt
Jana Voigt is senior associate at Luther Rechtsanwaltsgesellschaft in Düsseldorf, Germany.

Pia Schweers
Pia Schweers is associate at Luther Rechtsanwaltsgesellschaft in Essen, Germany.
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.

Landmark Ruling

ECJ 2 September 2021, case C-928/19 P (EPSU), Collective Agreements, Miscellaneous

European Federation of Public Service Unions (EPSU) – v – European Commission

Journal European Employment Law Cases, Issue 3 2021
Keywords Collective Agreements, Miscellaeneous
Abstract

    The Commission is not bound to give effect to the social partners’ request seeking implementation, at EU level, of the agreement that they have concluded.

    On 22 May 2020, fifty-two members of the Hungarian parliament petitioned the Constitutional Court which was requested to establish the unconstitutionality of Section 6(4) of Government Decree no. 47/2020 (III. 18), its conflict with an international treaty and to annul it with retroactive effect to the date of its entry into force. According to Section 6(4) of the Decree “in a separate agreement, the employee and the employer may depart from the provisions of the Labour Code” (i.e. ‘absolute dispositivity’). The petition, among other things, alleged the violation of equal treatment and the right to rest and leisure. The Constitutional Court rejected the motion to establish the unconstitutionality of Section 6(4) and its annulment, since it was repealed on 18 June 2020. The Constitutional Court may, as a general rule, examine the unconstitutionality of the legislation in force, however it was no longer possible to examine the challenged piece of legislation in the framework of a posterior abstract norm control.


Kristof Toth
Kristof Toth is PhD student at the Karoli Gaspar University in Hungary.
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.

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