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 :: 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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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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