European Court of Justice
Latest items of recent news relevant to European Court of Justice as reported in our fortnightly newswire ‘Dernières nouvelles’.
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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European Court of Justice: Child-raising periods completed in other Member States are to be taken into account in the calculation of an old-age pension
Time spent rearing children in other EU countries must be taken into account when calculating a state retirement pension …
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European Court of Justice: Closing formula and thanks in the job reference are not mandatory
An employer is not obliged to end a job reference by wishing the past employee every good fortune in the future …
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European Court of Justice: German provisions governing the termination of a data protection officer’s employment are compatible with EU law, but subject to restrictions.
Is it lawful to dismiss a data protection officer for reasons other than the undertaking of their duties? Article 38 (2) of the EU GDPR states that a Data Protection Officer may not be dismissed or disadvantaged because of the fulfilment of his duties …
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European Court of Justice: Right to compensation for untaken leave for agency workers
Do temporary agency workers have a right to compensation for untaken leave in the same way as a permanent worker when they leave an employer? The ECJ was called to review the position of two Portuguese workers who had been refused compensation for untaken leave that was due when they ended their assignment …
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European Court of Justice: Dismissal due to inability to work lawful
Where an employee has become disabled during a period of probation, their employer has the obligation to explore alternative areas of work before deciding that the employee be terminated …
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European Court of Justice: ECJ dismisses Hungary and Poland’s complaints over rule-of-law measure
Both Hungary and Poland have been found by the Court to have no case against the EU for tying funds to standards in public life …
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European Court of Justice: EU court strikes down Spain’s order to disclose foreign assets to taxman
The Court has struck down a Spanish law which forces residents to disclose their foreign assets to the tax service …
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European Court of Justice: Overtime bonuses
EUROPEAN COURT OF JUSTICE (ECJ): A collective agreement must take annual leave hours into account when defining the threshold for payment of overtime premia …
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European Court of Justice: Relevant factors when judging whether stand-by time is working time
In yet a further case involving the working time of firefighters, the court has just decided that standby time need not necessarily be treated as a paid working period …
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European Court of Justice: ECJ rules employers can ban religious clothing in workplace
EUROPEAN COURT OF JUSTICE (ECJ): Several cases before the ECJ have sought to test the rights of an employee to wear religious clothing and symbols in the workplace …
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