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: New VAT burden on company cars?

It has long been at issue whether provision of a company car to an employee gives rise to a Value Added Tax (VAT) charge …

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European Court of Justice: CJEU rules on discrimination within a group of people who have disabilities

The Court has ruled that unequal treatment of disabled employees is not only unlawful when the comparators are non-disabled workers, but also when compared to other disabled employees of the same organisation …

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European Court of Justice: Luxembourg court rejects Hungary, Poland claim against directive on posted workers

The Court has rejected an Appeal from the governments of Poland and Hungary concerning the amended Posting of Workers Directive (2018/957) …

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European Court of Justice :: Maternity leave

in 2020 the Court determined that the giving of extra leave to new mothers may be regarded as necessary for them to recover from pregnancy and childbirth …

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European Court of Justice: A national collective agreement may reserve to mothers alone an additional maternity leave

The Court has determined that the giving of extra leave to new mothers may be regarded as necessary for them to recover from pregnancy and childbirth …

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European Court of Justice: “On-call” duty

Advocate General (AG) Giovanni Pitruzzella has given his opinion concerning two important cases relating to “on-call” duty …

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European Court Of Justice: A landmark decision regarding commercial agents

One of the EU’s first measures in the field of self-employment was the 1986 Directive on Commercial Agents (86/653/EEC) …

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European Court of Justice: Splitting a business

The court has rejected alternative logical solutions for transferring an employee in the case where a business transfer splits a business into separate entities …

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European Court of Justice: Special leave periods

Spanish trade unions have long been seeking to claim that the numerous special leave periods allowed under Spanish law (to deal with marriage, bereavement, etc …

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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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