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: Leave whilst sacked

A Bulgarian worker who was dismissed from her job and reinstated 4 years later, having been found to have been previously unfairly dismissed, was entitled to back pay for 285 days of untaken paid annual leave …

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European Court of Justice: ECJ ruling in AFMB and Others-an employer is not always “the employer”

Although the EU requires social security to be deducted by a company with whom there is an employment contract and in the country where they have their registered office, the situation is not always clear as to who the employer is, especially in respect to mobile workers – such as international lorry drivers …

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European Court of Justice: ECJ ruling in Bouygues travaux publics and Others

The Court has sidestepped a good opportunity to declare that French labour law applies restrictions on posted workers that far exceed even the latest EU jobs posting rules …

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European Court of Justice: Social security cover in other EU Member States

Advocate General Pitruzzella has advised the court that an EU citizen from a different EU State, who has right of residence based on attendance of their children at a school in the host state, should also have entitlement to social security benefits in that State for themselves and their children (Art …

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European Court of Justice: German court criticises European Central Bank crisis bond-buying

It may have crossed some people’s minds as to where governments are finding the huge sums necessary to pay for the crisis support programmes and wage subsidies …

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European Court of Justice :: Rules on dismissal of certificates for social security

The court has just ruled that an EU member state can ignore a social security certificate issued by another Member State if they believe it was issued fraudulently and if, after making enquiries with the relevant authorities in the other state, they receive no confirmation of validity …

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European Court of Justice :: Vacation leave entitlement during ‘time out’ in case of reinstatement

Advocate General Hogan has given his opinion to the court ahead of their ruling in CV v Iccrea Banca SpA Istituto Centrale del Credito Cooperativo (C-37/19) …

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European Union :: What constitutes an “accident”?

EUROPEAN UNION Case Niki Luftfahrt Court European Court of Justice Date issued 19th December 2019 Subject What constitutes an “accident”? Substance Although this case is primarily about interpretation of the “1999 Montreal Convention on the Unification of Certain Rules for International Carriage by Air” and concerns an air passenger rather than an employee, it is important as it questions what constitutes an “accident” …

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European Court of Justice :: Employee supplementary pensions

EUROPEAN UNION Case PSV v Bauer (Case C-168/18) Court European Court of Justice (ECJ) Date issued 19th December 2019 Subject Does an external pension institution or government have to guarantee 100% of employee supplementary pensions in the event of a company insolvency? Substance Although, 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 UNION Case Maksimovic and Others (joined cases C‑64/18, C‑140/18, C-146/18 and C-148/18) Court European Court of Justice (ECJ) Date issued 19th December 2019 Subject Posting of workers to Austria Substance These 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 UNION Case Terveys- 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, AUSTRIA Court: European Court of Justice (ECJ) Date issued: 12th September 2019 Subject: Austrian law provisions on cumulative sanctions are incompatible with EU law Substance: 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 UNION Case: RE v Praxair MRC Court: European Court of Justice (ECJ) Date issued: 8th May 2019 Subject: Calculation of compensation for dismissal of an employee on part-time parental leave Substance: 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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