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ECJ Court Watch

ECJ 21 September 2016, case C-631/15 (Alvarez Santirso), Fixed-term employment

Carlos Alvarez Santirso – v – Consejería de Educación, Cultura y Deporte del Principado de Asturias

Journal European Employment Law Cases, Issue 4 2016
Keywords Fixed-term work
Abstract

    Spanish law which reserves participation in evaluation plans for teachers contravenes Directive 1999/70.

ECJ Court Watch

Case C-126/16. Transfer of undertakings

Federatie Nederlandse Vakvereniging and others – v – Smallsteps BV, reference lodged by the Dutch Rechtbank Midden-Nederland on 26 February 2016

Journal European Employment Law Cases, Issue 3 2016
Keywords Transfer of undertakings
ECJ Court Watch

Case C-174/16. Parental leave and sex discrimination

H – v – Land Berlin, reference lodged by the German Verwaltungsgericht Berlin on 24 March 2016

Journal European Employment Law Cases, Issue 3 2016
Keywords Parent leave and seks discrimination
ECJ Court Watch

ECJ 7 April 2016, case C-460/14 (Massar), legal insurance

Johannes E.A. Massar – v – DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV, Dutch case

Journal European Employment Law Cases, Issue 2 2016
Keywords Legal insurance
Abstract

    A legal expenses insurance policy must cover the cost of a lawyer of choice, even in administrative proceedings (judgment almost identical to that in Büyüktipi, also summarised in this edition of EELC).

    The Supreme Court in this case establishes conditions to be met in order for the member of a Board of Directors to qualify as a self-employed “entrepreneur”. In light of these conditions, Directors must be considered to have the status of “individual contractor”, obligating them to pay increased social security contributions.


Marcin Wujczyk Ph.D.
Marcin Wujczyk, Ph.D., is a partner with Ksiazek & Bigaj in Krakow, www.ksiazeklegal.pl.
ECJ Court Watch

Case C-27/16. Sex discrimination

Angel Marinkov – v – Presedatel na Darzhavna agentsia za balgarite v chuzbina, reference lodged by the Bulgarian Administrativen sad – Sofia-grad on 18 January 2016

Journal European Employment Law Cases, Issue 2 2016
Keywords Sex discrimination
ECtHR Court Watch

ECtHR 12 January 2016, application 61496/08. (Bărbulescu), Fundamental Rights

Bărbulescu –v– Romania, Romanian case

Journal European Employment Law Cases, Issue 1 2016
Keywords Fundamental Rights

    A 60-year old widow with a house but without income other than a small widow’s pension has successfully challenged legislation that moved the qualification age for state pension benefits from 65 to 67. A court has found that, in her particular case, the legislation constitutes an “individual and excessive burden” within the meaning of ECtHR case law on the First Protocol to the ECHR. The government was ordered to start paying the widow state pension from age 65 despite and contrary to the wording of the law.


Peter Vas Nunes
Peter Vas Nunes is an advocaat with BarentsKrans in The Hague, www.barentskrans.nl.

    A day care provider, Estro Groep B.V., (‘Estro’) went into pre-arranged (‘pre-pack’) receivership. Immediately afterwards, a large part of its business was taken over by another day care provider, Smallsteps B.V. (‘Smallsteps’). The latter did not offer employment to all of Estro’s employees, taking the position that the takeover did not constitute the transfer of an undertaking. This position was based on the fact that Estro was in receivership at the time of the takeover. According to the Dutch law transposing the Acquired Rights Directive, such takeovers are exempted from the rules on transfers of undertakings. A union and five of the employees whom Smallsteps had not offered jobs, relying on the wording of Article 5(1) of the Directive (“insolvency proceedings which have been instituted with a view to the liquidation of the assets”), claimed that they had become Smallsteps employees. The court referred questions to the ECJ for a preliminary ruling.


Peter Vas Nunes
Peter Vas Nunes is an advocaat with BarentsKrans in The Hague, www.barentskrans.nl.
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