European Court of Justice

Latest items of recent news relevant to European Court of Justice as reported in our fortnightly newswire ‘Dernières nouvelles’. 

European Court of Justice :: Employee supplementary pensions

EUROPEAN UNIONCasePSV v Bauer (Case C-168/18)CourtEuropean Court of Justice (ECJ)Date issued19th December 2019SubjectDoes an external pension institution or government have to guarantee 100% of employee supplementary pensions in the event of a company insolvency?SubstanceAlthough, back in the summer, the Advocate-General to the Court stated that under Article 8 of the Insolvency Directive an EU member state did have an obligation to protect such pensions in full, the ECJ disagreed …

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European Court of Justice :: Posting of workers to Austria

EUROPEAN UNIONCaseMaksimovic and Others (joined cases C‑64/18, C‑140/18, C-146/18 and C-148/18)CourtEuropean Court of Justice (ECJ)Date issued19th December 2019SubjectPosting of workers to AustriaSubstanceThese conjoined cases all question the heavy fines applied by the Austrian authorities on companies found to be in breach of jobs posting regulations …

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European Court of Justice :: Carryover of holiday entitlement

EUROPEAN UNIONCaseTerveys- ja sosiaalialan neuvottelujarjesto (TSN) ry v …

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European Court of Justice :: Austrian law provisions on cumulative sanctions are incompatible with EU law

EUROPEAN UNION, AUSTRIACourt: European Court of Justice (ECJ)Date issued: 12th September 2019Subject: Austrian law provisions on cumulative sanctions are incompatible with EU lawSubstance: The ECJ found that the principle of cumulative administrative sanctions for breaches of Austrian employment law in relation to posted workers is in breach of the fundamental EU principle of free movement of services …

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European Court of Justice :: Calculation of compensation for dismissal of an employee on part-time parental leave

EUROPEAN UNIONCase: RE v Praxair MRCCourt: European Court of Justice (ECJ)Date issued: 8th May 2019Subject: Calculation of compensation for dismissal of an employee on part-time parental leaveSubstance: The employee concerned was a full-time, permanent employee under French law …

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European Court of Justice :: What happens to acrued annual leave when a worker dies?

Although the Charter of Fundamental Rights has long been incorporated into the EU Treaty it has seldom been invoked to establish legal rights in specific cases …

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European Court of Justice :: Treatment of short-time working in calculating holiday pay breached Working Time Directive (ECJ)

In another case concerning holiday pay – Hein v …

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European Court of Justice :: Landmark EU ruling

A recent ECJ case has overturned the whole way that EU law will, in future, need to be interpreted within EU member states …

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European Court of Justice :: UK can unilaterally revoke Article 50, according to legal opinion

Advocate General Manuel Campios Sanchez-Bordona who is one of the principal counsels to the ECJ, has advised the court that the United Kingdom may, if it so wished, exercise the right to unilaterally revoke its declaration under Article 50 of the European Union Treaty and therefore remain in the EU …

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European Court of Justice :: Statutory holiday rights

Employers in the EU have long known that it is mandatory under EU Working time rules for them to ensure that all workers have the opportunity to take their basic vested 4 week leave entitlement (pro-rata for those working less than a year at year-end) and receive payment in lieu of untaken vested leave if they depart their employment and have accrued leave rights during the year …

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European Court of Justice :: Dismissing remarried Catholic doctor may have been discrimination

The European Court of Justice (EJC) has confirmed that the dismissal of a Catholic doctor from a managerial position by a Catholic hospital due to his remarriage after a divorce may constitute unlawful discrimination on grounds of religion  [IR v JQ, Case C-68/17] …

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European Court of Justice :: Criterion on the compensation regime applicable to temporary contracts in Spain corrected and clarified

The European Court of Justice has found that Spanish legislation giving a different formula for dismissal compensation in respect to those on permanent, fixed-term and temporary contracts is not discriminatory …

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European Court of Justice :: Danish cabotage law

A challenge concerning the legality of a 2013 Danish cabotage law has been squashed by the ECJ because the EU regulation was poorly drafted …

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European Court of Justice: Religious faith

The ECJ has ruled that the catholic church in Germany would infringe the Equality Framework Directive (2000/78/EC) banning discrimination on religious grounds, if it continued to require employees to hold a religious faith …

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European Court of Justice :: Stand-by time can be ‘working time’

The ECJ has been called to interpret whether a “stand-by” workplace arrangement fell within working time rules under Article 2 of EU Directive 2003/88 …

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