Recent EAPM News

The employment law information has been provided by IUNO. IUNO is a highly specialized law firm, providing legal services for corporations in areas such as employment, transportation and insurance, mergers and acquistions, IP/IT and property.

IUNO aim to provide high quality responsive legal services with an innovative approach. For more information about IUNO, their services and their business philosophy see www.iuno.dk or contact them at iuno@iuno.dk and Havnegade 39 – 1058 Copenhagen – Denmark.

European Case Law 2012

Case C-81/12 Reference for a preliminary ruling from the Curtea de Apel Bucureşti (Romania) (14 February 2012)
Reference for a preliminary ruling – Curtea de Apel Bucureşti – Interpretation of Articles 2(2)(a), 10(1) and 17 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) – Criteria used in the selection of football club staff discriminatory on grounds of sexual orientation – Applicability of the directive when statements are made in the press, in the absence of an actual recruitment procedure – Facts from which it may be presumed that there has been direct or indirect discrimination – Burden of proof – Body of penalties applicable when those provisions are infringed – Whether permissible for national legislation to preclude the imposition of a fine for infringement once the limitation period of six months has expired – Duty to impose effective, proportionate and dissuasive sanctions.

Go to case report

C-89/12 Bark (17 February 2012)
Reference for a preliminary ruling – Hof van Cassatie van België – Interpretation of Article 11(2) of the Statutes of the Galileo Joint Undertaking annexed to Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking (OJ 2002 L 138, p. 1) – Fixed-term contracts concluded with members of staff – Contracts to be based on the ‘Conditions of employment of other servants of the European Communities’ – Mandatory application of the provisions of the Staff Regulations relating to pay

Go to case report

Case C-379/11 – Caves Krier Frères (December 13 2012)
Freedom of movement for workers – Article 45 TFEU – Subsidy for the recruitment of older unemployed persons and the long-term unemployed – Condition of registration with a placement office of the national employment administration – Residence condition – Restriction – Justification.

Go to case report

Case F-43/10 – Cerafogli v ECB (December 12 2012)
Civil service – Staff of the ECB – Complaint of psychological harassment – Administrative inquiry – Access to the file of the inquiry – Report on the inquiry – Manifest error of assessment.

Go to case report

F-7/11 – AX v ECB (December 13 2012)
Civil service – ECB Staff – Disciplinary proceedings – Suspension of a staff member without reduction of his basic salary – Withdrawal of a decision – Rights of the defence – Access to the file – Statement of reasons – Reasons for a decision – Allegation of breach of professional duties – Serious misconduct.

Go to case report

Case C‑286/12,European Commission v Hungary
(Failure of a Member State to fulfill obligations – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Articles 2 and 6(1) – National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 – Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 – Proportionality of the duration of the transitional period),

Go to case report

Rosanna Valenza, Maria Laura Altavista, Laura Marsella, Simonetta Schettini, Sabrina Tomassini (18 October 2012 Joined Cases C‑302/11 to C‑305/11)
These references for a preliminary ruling concern the interpretation of clauses 4 and 5 of the framework agreement on fixed‑term work concluded on 18 March 1999 (‘the framework agreement’), which is annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).

The references have been made in proceedings between Mesdames Valenza, Altavista, Marsella, Schettini and Tomassini and the Autorità Garante della Concorrenza e del Mercato (National Competition Authority) (‘the AGCM’) concerning the latter’s refusal to take into account, in order to determine the applicants’ length of service upon their recruitment on a permanent basis as career civil servants, under a stabilisation procedure specific to their employment relationship, periods of service previously completed with that same public authority under fixed‑term employment contracts.

Go to case report

Christine Noland (18 October 20122 Case C-583/10)
This reference for a preliminary ruling concerns the interpretation of Article 2 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ 1998 L 225, p. 16). The reference was submitted in a dispute between the United States of America and Ms Nolan, a civilian employee of an American army base in the United Kingdom, concerning the obligation to consult staff before carrying out redundancies, in accordance with United Kingdom legislation implementing Directive 98/59.

Go to case report

Preliminary ruling (18 October Case C-498/10)
This reference for a preliminary ruling concerns the interpretation of Article 56 TFEU.The reference has been made in proceedings between X NV (‘X’), a semi-professional football club (‘betaaldvoetbalorganisatie’) established in the Netherlands, and the Staatssecretaris van Financiën (State Secretary for Finance) concerning the withholding tax levied on the remuneration paid to a service provider established in another Member State.

Go to case report

Commission v Hungary (C-286/12 October 1st 2012) Social policy
Council Directive 2000/78/EC – Failure of a State to fulfil its obligations – Breach of Articles 2 and 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) – National rules requiring termination of the service of judges, prosecutors and notaries public on reaching the age of 62 – No legitimate purpose justifying that difference of treatment compared with workers under 62 – Disproportionate nature of the transitional period (one year)

Go to case report

Reiman (C-317/11 October 2nd 2012) Social policy
Reference for a preliminary ruling – Landesarbeitsgericht Berlin-Brandenburg – Interpretation of Article 31 of the Charter of Fundamental Rights of the European Union and Article 7(1) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9) – Right of a worker to paid annual leave of at least four weeks – National legislation allowing the social partners to derogate from that right, in certain economic sectors, by means of a collective agreement.

Go to case report

Hogan and others (C-398/11 October 3rd 2012) Social policy
Reference for a preliminary ruling – High Court of Ireland – Interpretation of Article 1(1) and Article 8 of Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (Codified version) (OJ 2008 L 283, p. 36) – Additional contribution schemes – Insufficient resources for those schemes – National legislation which does not provide for a legal basis enabling employees to obtain compensation from their employer following the insolvency of the undertaking – Duty for the Member State concerned to adopt the measures necessary to protect the interests of employees – Factors to be taken into account by the national court when assessing whether that duty has been complied with.

Go to case report

Format Urządzenia i Montaże Przemysłowe (C-115/11 October 4th 2012)
Reference for a preliminary ruling – Sąd Apelacyjny w Warszawie – Interpretation of Article 14(2)(b) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition 1971 (II), p. 416), as amended – Delimitation between the concepts of ‘person normally employed in the territory of two or more Member States’ and ‘posted worker’ – Worker employed by an undertaking established in his Member State of origin and carrying out his work exclusively in other Member States of the European Union, whilst retaining his residence and the centre of his vital interests in his State of origin.
Advocate General : Mazák

Go to case report

Scheefer v Parliament (Case F-41/12 October 10th 2012)Civil Service
Civil service – Application for (i) annulment of the Parliament’s decision terminating the applicant’s contract as a member of the temporary staff appointed for an indefinite period and (ii) for compensation.

Go to case report

F-85/10 – AI v Court of Justice – FR Allegro Courtroom
Staff cases – First, application for the annulment of the deliberations of the Selection Board concerning the results of the French test in internal competition on the basis of tests No CJ 12/09 and, to the extent necessary, for annulment of the contracts and appointments of the persons who passed that competition and, second, application for annulment of the decision not to renew the applicant’s temporary staff contract, and application for compensation for damage.

Go to case report

F – 4/11 – AV v Commission
Civil Service Tribunal – First Chamber – FR Allegro Courtroom
Staff case – Application to annul decisions to defer medical cover in respect of the applicant as provided for by Article 32 of the Conditions of employment of other servants of the European Union and not to grant him entitlement to the invalidity allowance.

Go to case report

Judgment T-594/10 P – Staff Regulations of Officials
Appeal against the order of the Civil Service Tribunal (First Chamber) delivered on 6 October 2010 in Case F2/10 Marcuccio v Commission dismissing as partly manifestly inadmissible and partly manifestly unfounded the action seeking, first, annulment of the decision rejecting his request for 100% reimbursement of all the medical costs incurred as a result of an accident he suffered and, second, a claim for damages.

Go to case report

Judgment C-141/11 – Social Policy
Reference for a preliminary ruling – Södertörns tingsrätt – Interpretation of the general principle of law on the prohibition of age discrimination and of Article 6 of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) – National legislation and collective agreement granting employees an unconditional right to work until the age of 67 and providing for automatic termination without notice of the employment relationship at the end of the month in which the employee turns 67, without taking account of the actual pension paid to him.

Go to case report

Judgment F-4/11 – Staff Regulations of Officials
Staff case – Application to annul decisions to defer medical cover in respect of the applicant as provided for by Article 32 of the Conditions of employment of other servants of the European Union and not to grant him entitlement to the invalidity allowance.

Go to case report

Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH (Case C-132/11. 7 June 2012)

Directive 2000/78/EC – Equal treatment in employment and occupation – Difference of treatment on grounds of age – Charter of Fundamental Rights of the European Union – General principles of European Union law – Collective agreement – Failure to take into account, for the grading on the salary scale of cabin crew members of an airline, professional experience acquired with another airline belonging to the same group of companies – Contract clause.

Go to case report

Galina Meister v Speech Design Carrier Systems GmbH (C-415/10 – Meister. 19 April 2012)

Directives 2000/43/EC, 2000/78/EC and 2006/54/EC – Equal treatment in employment and occupation – Worker showing that he meets the requirements listed in a job advertisement – Right of that worker to have access to information indicating whether the employer has recruited another applicant.

Go to case report

For more information about these cases please see InfoCuria

The employment law information has been provided by IUNO. IUNO is a highly specialized law firm, providing legal services for corporations in areas such as employment, transportation and insurance, mergers and acquistions, IP/IT and property.

IUNO aim to provide high quality responsive legal services with an innovative approach. For more information about IUNO, their services and their business philosophy see www.iuno.dk or contact them at iuno@iuno.dk and Havnegade 39 – 1058 Copenhagen – Denmark.

European Case Law 2013

Gomes Viana Novo and Others

Court of Justice – Fifth Chamber

Judgment

Courtroom III – Level 6 C-309/12

Thursday 28/11/2013

Reference for a preliminary ruling – Tribunal Central Administrativo do Norte – Interpretation of Arts. 4 and 10 of Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (OJ 1980 L 283, p. 23) – Limitation of the liability of guarantee institutions – National legislation limiting the obligation to pay claims to those falling due during the six-month period preceding the initiation of proceedings for a declaration of the employer’s insolvency – Application of that limitation in cases in which proceedings have been brought before the labour courts to determine the value of claims that have not been paid during the six months following the date on which they fell due.
Advocate General : Bot

Go to case report

Zentralbetriebsrat der gemeinnützigen Salzburger Landeskliniken Betriebs

Court of Justice – Second Chamber

Judgment

Courtroom I – Level 8 C-514/12

Thursday 05/12/2013

Request for a preliminary ruling – Landesgericht Salzburg – Interpretation of Article 45 TFEU and of Article 7(1) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ 2011 L 141, p. 1) – Pay of contractual servants in the public service of a Member State – National legislation providing for account to be taken of all periods of work completed for a specific public employer, but providing for only a proportion of the periods of work completed after a certain age for other public or private employers to be taken into account
Advocate General : Bot

Go to case report

Lock

Court of Justice – First Chamber

Opinion

New Great Courtroom C-539/12

Thursday 05/12/2013

Request for a preliminary ruling – Employment Tribunal, Leicester – United Kingdom – Interpretation of Article 7 of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18) as amended by Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 (OJ 2003 L 299, p. 9) – Consultant being paid a basic salary together with monthly premiums according to the turnover realised and the number of sale contracts concluded, paid in arrears – Maintenance of the basic salary during annual leave, but not the premiums, except those linked to the services provided before the leave
Advocate General : Bot

Go to case report

C.D. v S.T.

Court of Justice – Grand Chamber

Opinion

Courtroom IV – Level 6 C-167/12

Thursday 26/09/2013

Request for a preliminary ruling – Employment Tribunal Newcastle upon Tyne (UK)

Interpretation of Articles 1(1), 2(c), 8(1) and 11(2)(b) of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ 1992 L 348, p. 1) Interpretation of Articles 14 and 2(1)(a), (b) and(c) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23) – Prohibition of any less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Directive 92/85/EEC – Scope – Non-biological mother having recourse to surrogacy – Right to maternity leave
Advocate General : Kokott

Go to case report

Z v A Government Department and the Board of Management of a Community School

Court of Justice – Grand Chamber

Opinion

Courtroom IV – Level 6 C-363/12

Thursday 26/09/2013

Request for a preliminary ruling from the Equality Tribunal (Ireland)

Social policy – Surrogacy – Right to leave of absence equivalent to maternity leave or adoption leave – Directive 2006/54/EC – Equal treatment of men and women – Scope – United Nations Convention on the Rights of Persons with Disabilities – Directive 2000/78/EC ­– Equal treatment in employment and occupation – Scope – Concept of disability – Participation in professional life – Article 5 – Obligation of reasonable accommodation.

Go to case report

Carmela Carratù v Poste Italiane SpA

Court of Justice – Grand Chamber

Opinion

Courtroom IV – Level 6 C-361/12

Thursday 26/09/2013

Request for a preliminary ruling from the Tribunale di Napoli (Italy)

Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 –Employment conditions – Compensation for the unlawful insertion of a fixed-term clause in an employment contract – Equal treatment – Concept of ‘emanation of the State’
Advocate General : Wahl

Go to case report

HK Danmark v Experian A/S.

Court of Justice – Second Chamber

Judgment

Courtroom IV – Level 6 C-476/11

Thursday 26/09/2013

Reference for a preliminary ruling – Vestre Landsret – Interpretation of Article 6(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) – Justification for differences of treatment on grounds of age – Determination, for occupational social security schemes, of age limits for admission or eligibility for pension or invalidity benefits – General exception for occupational social security schemes provided that there is no discrimination on grounds of sex, or exception solely for admission to social security schemes – National legal situation in which an employer may pay, as part of pay, pension contributions graded according to the age of the employee
Advocate General : Kokott

Go to case report

Dansk Jurist- og Økonomforbund v Indenrigs- og Sundhedsministeriet

Court of Justice – Second Chamber

Judgment

Courtroom IV – Level 6 C-546/11

Thursday 26/09/2013

Request for a preliminary ruling – Højesteret – Interpretation of Art. 6(1) and (2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) – Fixing of age limits for access or entitlement to retirement or invalidity benefits under occupational social security schemes – Discrimination on grounds of age – National legislation providing, in the event of abolition of a worker’s post, for compensation up to the amount of his salary for three years or until he has reached retirement age – Retirement pension paid to a worker 65 years of age whose post has been abolished, irrespective of his entitlement to continue working after age 65
Advocate General : Kokott

Go to case report

Nasiopoulos

Court of Justice – First Chamber

Judgment
New Great Courtroom C-575/11

Thursday 27/06/2013

Reference for a preliminary ruling – Simvoulio tis Epikratias – Interpretation of Article 49 TFEU, of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ 1989 L 19, p. 16) and of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25) – Refusal to grant authorisation giving access to the regulated profession of physiotherapist in a host Member State to one of that State’s nationals who does not have a diploma to that effect, within the meaning of Article 1(a) of Directive 92/51/EEC, but does have qualifications for engaging in a similar profession that is recognised in another Member State – Possibility of partial access, limited to certain activities covered by the profession
Advocate General : Mengozzi

Go to case report

BM v BCE

Civil Service Tribunal – Third Chamber

Judgment
Allegro Courtroom F-78/11

Wednesday 26/06/2013

Staff case – Application for annulment of the decision of the ECB to terminate the applicant’s contract during the probationary period by reason of a disciplinary offence punished by a reprimand

Go to case report

BM v BCE

Civil Service Tribunal – Third Chamber

Judgment
Allegro Courtroom F-106/11

Wednesday 26/06/2013

Civil service – Action for annulment of the decision of the Deputy Director General of the Directorate General Human Resources, Budget and Organisation imposing a reprimand on the applicant.

Go to case report

British Telecommunications v Commission (T-226/09) and BT Pension Scheme Trustees v Commission (T-230/09) – Joined cases (06.05.2013)

Annulment of Commission Decision C(2009) 685 final of 11 February 2009 declaring that the State aid granted by the British authorities to British Telecommunications (BT), in the form of exemption of the BT pension fund from the obligation to pay a contribution to the Pension Protection Fund, in respect of employees in their posts before privatisation of the undertaking (C 55/2007 (ex NN 63/2007)), constitutes State aid incompatible with the common market.

Go to case report (BT v Commission)
Go to case report (BT Pension Scheme Trustees v Commission)

Asociaţia ACCEPT (C-81/12. 25.04.2013)

Reference for a preliminary ruling – Curtea de Apel Bucureşti – Interpretation of Articles 2(2)(a), 10(1) and 17 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) – Criteria used in the selection of football club staff discriminatory on grounds of sexual orientation – Applicability of the directive when statements are made in the press, in the absence of an actual recruitment procedure – Facts from which it may be presumed that there has been direct or indirect discrimination – Burden of proof – Body of penalties applicable when those provisions are infringed – Whether permissible for national legislation to preclude the imposition of a fine for infringement once the limitation period of six months has expired – Duty to impose effective, proportionate and dissuasive sanctions
Advocate General : Jääskinen

Go to case report

Demir (C-225/12. 25.04.2013)

Reference for a preliminary ruling – Raad van State (Netherlands) – Interpretation of Article 13 of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council established under the EEC/Turkey Association Agreement – Prohibition on the introduction by Member States of new restrictions on access to the labour market for Turkish workers who are legally resident and employed in their respective territories – National legislation imposing a substantive and/or formal condition governing the first admission of Turkish nationals to national territory – Requirement of possession of a temporary residence permit prior to entry into the Netherlands and prior to application for a residence permit – Paragraph 85 of the Court’s judgment in Joined Cases C317/01 (Abatay) and C369/01 (Sahin) [2003] ECR I12301

Go to case report

Hogan and others (C-398/11. 25.04.2013)

Reference for a preliminary ruling – High Court of Ireland – Interpretation of Article 1(1) and Article 8 of Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (Codified version) (OJ 2008 L 283, p. 36) – Additional contribution schemes – Insufficient resources for those schemes – National legislation which does not provide for a legal basis enabling employees to obtain compensation from their employer following the insolvency of the undertaking – Duty for the Member State concerned to adopt the measures necessary to protect the interests of employees – Factors to be taken into account by the national court when assessing whether that duty has been complied with
Advocate General : Kokott

Go to case report

Imfeld and Garcet (C-303/12. 22.04.2013)

Reference for a preliminary ruling – Tribunal de première instance de Liège – Interpretation of Article 39 EC – Provisions of agreements, and national legislation, relating to double taxation – Occupational income wholly earned and taxed in a Member State other than the Member State of residence – Account taken in part, by the Member State in which the income is earned, of the personal and family circumstances – The income tax payable in the Member State of residence calculated in accordance with the principle of exemption subject to réserve de progressivité (right to take foreign income into account) – Loss of tax advantages linked to the personal and family circumstances.

Go to case report

Mustafa (C-24712. 18.04.2013)

Reference for a preliminary ruling – Varhoven administrativen sad – Interpretation of Article 2(1) of Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (OJ 1980 L 283, p. 23), as amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 80/987 (OJ 2002 L 270, p. 10) – Obligation on the Member States to provide for guarantees not only for employees’salary claims existing at the time of the opening of insolvency proceedings of the employer but also for claims that may arise at each stage of the insolvency procedure
Advocate General : Bot

Go to case report

Mulders (C-548. 18.04.2013)

Reference for a preliminary ruling – Arbeidshof te Antwerpen – Interpretation of Articles 1(r) and 46 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition 1971(II), p. 416) – Old-age and death insurance – Calculation of benefits – Periods of insurance to be taken into consideration
Advocate General : Cruz Villalón

Go to case report

Biasci and Others (C-660/11) and Rainone and Others (C-8/12) – Joined cases (18.04.2013)

Reference for a preliminary ruling – Tribunale Amministrativo Regionale per la Toscana – Freedom of movement of persons – Freedom to provide services – Activity of collecting bets – Domestic legislation making the exercise of that activity conditional upon the obtaining of a public security authorisation and permit issued by the national authorities – Non-recognition of authorisations and permits issued by foreign authorities – Whether compatible with Articles 43 EC and 49 EC (now Articles 49 TFEU and 56 TFEU)

Go to case report (Biasci)
Go to case report (Rainone)

van der Helder and Farrington (C-321/12. 18.04.2013)

Reference for a preliminary ruling – Centrale Raad van Beroep – Interpretation of Articles 4 and 28(2)(b) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition 1971 (II), p. 416) – Sickness insurance – Benefits for pensioners resident in a Member State other than that of the competent institution – Benefits to be paid by the institution of the Member State in which the person concerned has been covered for the longest period – Concept of ‘legislation [to which] the pensioner has been subject for the longest period of time’

Go to case report

Schlecker (C-64/12. 16.04.2013)

Reference for a preliminary ruling – Hoge Raad der Nederlanden – Interpretation of Article 6(2) of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 (OJ 1980 L 266, p. 1) – Law applicable where none chosen – Employment contract – Law of the country in which the employee habitually carries out his work – Employee who has carried out his work continuously and over a long period in a Member State – Employment contract displaying, in the light of all the other circumstances, a very close connection with another Member State
Advocate General : Wahl

Go to case report

Case C-167/12 – Reference for a preliminary ruling from Employment Tribunal Newcastle upon Tyne (United Kingdom) made on 3 April 2012 – C.D. v S.T.

The introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ 1992 L 348, p. 1) Interpretation of Articles 14 and 2(1)(a), (b) and(c) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23) – Prohibition of any less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Directive 92/85/EEC – Scope – Non-biological mother having recourse to surrogacy – Right to maternity leave.

Go to case report

Case C 427/11 – Judgment – Article 141 EC – Directive 75/117/EEC 28/02/2013
(Equal pay for men and women – Indirect discrimination – Objective justification – Conditions)
This request for a preliminary ruling concerns the interpretation of Article 141 EC and Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ 1975 L 45, p. 19).

Go to case report

Case C-5/12 – Reference for a preliminary ruling from the Juzgado de lo Social de Lleida (Spain) lodged on 3 January 2012 – Marc Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) (Thursday 21/02/2013)

Interpretation of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40) and Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC (OJ 1996 L 145, p4.) – National legislation granting six weeks of maternity leave to mothers after giving birth – Right to leave of employed fathers – Conditions – National legislation providing for the right of employed fathers who adopt a child, but not those who have a child by birth, to suspend their contract of employment and to return to the same job, paid for by the social security system – Infringement of the principle of equal treatment

Go to case report

Case C-513/11 – Reference for a preliminary ruling from the Työtuomioistuin (Finland) lodged on 3 October 2011 – Ylemmät Toimihenkilöt YTN ry v Teknologiateollisuus ry, Nokia Siemens Networks Oy – 21/02/2013

Do Directive 2006/54/EC 1 of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation and Council Directive 92/85/EEC 2 of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding preclude a national collective agreement from being interpreted as meaning that an employee moving from unpaid child-care leave to maternity leave is not paid remuneration during maternity leave in accordance with the collective agreement?

Go to case report

Case C‑426/11 Alemo-Herron and others v. Parkwood Leisure Ltd (19 February 2013)
(Transfer of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 3(3) – Collective agreement applicable to the transferor and to the employee at the time of the transfer – Dynamic clauses referring to current and future collective agreements – Scope of the judgment of the Court of Justice in Werhof – Negative aspect of the fundamental right to freedom of association – Freedom to conduct a business – Articles 12 and 16 of the Charter of Fundamental Rights of the European Union)

Go to case report

Case C-646/11 P 3F v. Commission (13 January 2013)
Appeal against the judgment of the General Court (Second Chamber) of 27 September 2011 in Case T-30/03 RENV 3F v Commission dismissing the application for annulment of Commission Decision C(2002) 4370 final of 13 November 2002 to regard as State aid compatible with the common market the tax reduction measures applicable to seafarers on board Danish vessels (Case C-319/07 P referred back after appeal).

Go to case report

The employment law information has been provided by IUNO. IUNO is a highly specialized law firm, providing legal services for corporations in areas such as employment, transportation and insurance, mergers and acquistions, IP/IT and property.

IUNO aim to provide high quality responsive legal services with an innovative approach. For more information about IUNO, their services and their business philosophy please visit their website  www.iuno.dk, contact them via email at iuno@iuno.dk and at Njalsgade 19, 2300 Copenhagen S, Denmark.

European Case Law 2014 

Joined cases

C-22/13 Mascolo ( go to case report)

C-418/13 Napolitano and Others ( go to case report)

C-61/13 Forni  ( go to case report)

C-62/13 Racca ( go to case report)

C-63/13 Russo ( go to case report)

Court of Justice – Third Chamber

Hearing

Thursday 27/03/2014

Request for a preliminary ruling – Tribunale di Napoli – Interpretation of Clauses 4 and 5 of the framework agreement annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) – Concepts of ‘employment conditions’ and ‘specific sectors and/or categories of workers’ – Interpretation of Article 2(1) and (2)(e) and of Article 8(1) of Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ 1991 L 288, p. 32) – National legislation covering the schools sector which does not, in the event of abuse, provide for the conversion of a fixed-term contract of employment into a permanent contract of employment, and which provides for compensation which is lower than that granted in the event of an unlawful termination of a permanent contract of employment – Legislation with retroactive effect having negative consequences for the workers concerned – Principle of sincere cooperation

Torralbo Marcos

Court of Justice – Second Chamber

Judgment

C-265/13

Thursday 27/03/2014

Request for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy – Judicial fees and deposits required for lodging appeals in employment law cases – Failure to implement European Union law – Scope of European Union law – Lack of jurisdiction of the Court

Go to case report

Fenoll

Court of Justice – First Chamber

Hearing

C-316/13

Thursday 27/03/2014

Request for a preliminary ruling Cour de cassation (France) – Interpretation of Article 3 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1), of Article 1 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of working time (OJ 2003 L 299, p. 9), and of Article 31 of the Charter of Fundamental Rights of the European Union – Classification as a worker of a person placed in a work rehabilitation centre – Person with a disability – Right to paid annual leave – Possibility of relying directly on the Charter

Go to case report

Lyreco Belgium

Court of Justice – Third Chamber

Judgment

C-588/12

Thursday 27/02/2014

Request for a preliminary ruling – Arbeidshof te Antwerpen – Belgium – Interpretation of Clause s1 and 2, paragraph 4, of the framework agreement on parental leave concluded by UNICE, CEEP and ETUC, contained in the Annex to Council Directive 93/34/EC of 3 June 1996 (OJ 1996 L 145, p. 4) – Part-time parental leave – Reduction of benefits – Termination of a worker’s contract before the end of the period of parental leave without urgent cause – Method of calculating the protective award

Advocate General : Jääskinen

Go to case report

Nierodzik

Court of Justice – Eighth Chamber

Judgment

C-38/13

Thursday 13/03/2014

Request for a preliminary ruling Sąd Rejonowy w Białymstoku Interpretation of Article 1 of Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43), and of clauses 1 and 4 of the annex to that directive – Provisions of national law providing for less favourable periods of notice in fixed-term contracts than in open-ended contracts

Advocate General : Kokott

Go to case report

Márquez Samohano

Court of Justice – Eighth Chamber

Judgment

C-190/13

Thursday 13/03/2014

(Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Universities – Associate lecturers – Successive fixed-term employment contracts – Clause 5(1) – Measures to prevent the abusive use of fixed-term contracts – Concept of ‘objective reasons’ justifying such contracts – Clause 3 – Concept of ‘employment contract of indefinite duration’– Penalties – Right to compensation – Difference in treatment between permanent workers)

Go to case report

C.D. v S.T.

Court of Justice – Grand Chamber

Judgment

C-167/12

Tuesday 18/03/2014

Request for a preliminary ruling – Employment Tribunal Newcastle upon Tyne – Interpretation of Articles 1(1), 2(c), 8(1) and 11(2)(b) of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ 1992 L 348, p. 1) Interpretation of Articles 14 and 2(1)(a), (b) and(c) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23) – Prohibition of any less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Directive 92/85/EEC – Scope – Non-biological mother having recourse to surrogacy – Right to maternity leave

Advocate General : Kokott

Go to case report

Terveys- ja sosiaalialan neuvottelujärjestö TSN ry and Ylemmät Toimihenkilöt YTN ry

Court of Justice – Third Chamber

Judgment

C-512/11 and C-513/11 (joined cases)

Thursday 13/02/2014

Reference for a preliminary ruling – Työtuomioistuin – Interpretation of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23) and Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (OJ 1992 L 348, p. 1) – Collective agreement under which workers are entitled to be paid their full salary during maternity leave on condition that they have been employed for at least three months continuously before the start of maternity leave – Salary not paid during maternity leave under that agreement to workers who take maternity leave immediately after unpaid child-care leave
Advocate General:Kokott

Go to case reports C-512/11 and C-513/11

Pohl

Court of Justice – Second Chamber

Judgment

C-429/12

Thursday 16/01/2014

Reference for a preliminary ruling – Oberlandesgericht Innsbruck – Interpretation of Article 6(3) TEU, Article 21 of the Charter of Fundamental Rights of the European Union, Article 45 TFEU and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) – Temporal scope – Period before accession – Remuneration of employees in the rail transport sector – National legislation and collective agreement excluding the taking into account of periods of employment completed before reaching the age of 18 for the purpose of determining remuneration – Taking into account of half of the employee’s periods of employment completed after reaching the age of 18, except in the case of professional experience acquired with a ‘quasi-public’ national undertaking or with the national railway company – Limitation period

Advocate General : Bot

Go to case report

Association de médiation sociale

Court of Justice – Grand Chamber

Wednesday 15/01/2014

Judgment

C-176/12

Social policy – Directive 2002/14/EC – Charter of Fundamental Rights of the European Union – Article 27 – Subjecting the setting up of bodies representing staff to certain thresholds of employees – Calculation of the thresholds – National legislation contrary to European Union law – Role of the national court

Go to case report