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: Night work and medical examinations

Under Article 9 (1) (a) of the Working Time Directive 2003 national rules were permitted that would allow employees to obtain compensation for infringements of working time rules that led to proven damages …

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European Court of Justice: Is an employer liable for damages caused in error by its employee?

Under the General Data Protection Regulation (GDPR), the fact that a party breaches the regulations is not sufficient, in itself, for any claim in respect to material damages …

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European Court of Justice: VAT on Director fees

There has finally been a definitive answer to the question whether VAT is chargeable on non-executive Director fees in respect to publicly quoted companies …

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European Court of Justice: New ruling on fixed-term employees

It is now an obligation for employers to give fixed-term employees notice of termination, stating the reasons for ending the contract …

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European Court of Justice: Posting a third-country national to another EU State

Advocate-General Rantos has just issued his opinion in a case involving the Dutch banker Rechtbank …

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European Court of Justice: Prolonged illness and holiday carryover

The ECJ has now heavily qualified its own case law concerning the right of employees to take annual leave where sickness absence has prevented the taking of the leave during its year of accrual …

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European Court of Justice: Judgment in Case C-660/20

If a part-time worker performs the same duties as full-time colleagues should they wait for their hours to reach a full-time level before they are paid in respect to extra hours? This was the issue the ECJ contended with in a recent case involving pilots who worked for Lufthansa CityLine …

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European Court of Justice: Failure to meet all notification requirements does not invalidate collective redundancy

The court recently heard a German case which involved a collective redundancy in which a company notified the Federal Employment Agency under Section 17 (3) sentence 1 KSchG in a timely way, but forgot to include a copy of the notification to the works council …

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European Court of Justice: Hungarian Labour Code must change to redefine rest periods

The court was asked to rule on the relationship between minimum daily and weekly rest periods. In the case before the court, an employer had established a weekly rest period of 42 hours for Hungarian train drivers – well in excess of the 24 hours required under the working time Directive. They therefore argued that it was not necessary to offer an additional 11 hours daily break before the weekly break was taken. The court disagreed. In their view, the two types of break must be treated differently and if a pre-existing weekly break exceeded the minimum 24 hour break it was irrelevant. The driver was entitled to take a total of 11 hours + 42 hours at the end of each week. This ruling could have significance for many other EU jurisdictions and employers should check out their current practices.

European Court of Justice: Court of Justice rules on the transferring liability for transport rules infringements

Holding a road transport operator to account for driving times and rest breaks …

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European Union: Court of Justice rules employer must reimburse cost of glasses for vision-impaired employee

An employer must meet the full costs of corrective glasses if eyesight is suffering from use of a VDU at work …

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European Court of Justice: Companies may prohibit the wearing of a headscarf on the basis of internal regulations

On 13th October 2022, the Court handed down its latest ruling on the banning of headscarves in the workplace …

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European Court of Justice: Annual carryover of holidays

Employers must inform employees about three-year limit to carryover …

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European Court of Justice: Employers must inform employees about three-year limit to carryover

The Court has found, in a German case, that the ongoing carry forward of annual leave does not expire (as it would normally do) unless the employer concerned has informed the employee concerned about the statute of limitations and given them the opportunity to take the leave …

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European Court of Justice: Additional leave due to ordered quarantine?

The court is being asked to rule on whether employers should compensate employees if they were quarantined whilst on vacation, or isolated without symptoms …

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