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European Case Law 2012
Case C-81/12 Reference for a preliminary ruling from the Curtea de Apel Bucureşti (Romania) (14 February 2012)
Reference for a preliminary ruling – Curtea de Apel Bucureşti – Interpretation of Articles 2(2)(a), 10(1) and 17 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) – Criteria used in the selection of football club staff discriminatory on grounds of sexual orientation – Applicability of the directive when statements are made in the press, in the absence of an actual recruitment procedure – Facts from which it may be presumed that there has been direct or indirect discrimination – Burden of proof – Body of penalties applicable when those provisions are infringed – Whether permissible for national legislation to preclude the imposition of a fine for infringement once the limitation period of six months has expired – Duty to impose effective, proportionate and dissuasive sanctions.
C-89/12 Bark (17 February 2012)
Reference for a preliminary ruling – Hof van Cassatie van België – Interpretation of Article 11(2) of the Statutes of the Galileo Joint Undertaking annexed to Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking (OJ 2002 L 138, p. 1) – Fixed-term contracts concluded with members of staff – Contracts to be based on the ‘Conditions of employment of other servants of the European Communities’ – Mandatory application of the provisions of the Staff Regulations relating to pay
Case C-379/11 – Caves Krier Frères (December 13 2012)
Freedom of movement for workers – Article 45 TFEU – Subsidy for the recruitment of older unemployed persons and the long-term unemployed – Condition of registration with a placement office of the national employment administration – Residence condition – Restriction – Justification.
Case F-43/10 – Cerafogli v ECB (December 12 2012)
Civil service – Staff of the ECB – Complaint of psychological harassment – Administrative inquiry – Access to the file of the inquiry – Report on the inquiry – Manifest error of assessment.
F-7/11 – AX v ECB (December 13 2012)
Civil service – ECB Staff – Disciplinary proceedings – Suspension of a staff member without reduction of his basic salary – Withdrawal of a decision – Rights of the defence – Access to the file – Statement of reasons – Reasons for a decision – Allegation of breach of professional duties – Serious misconduct.
Case C‑286/12,European Commission v Hungary
(Failure of a Member State to fulfill obligations – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Articles 2 and 6(1) – National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 – Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 – Proportionality of the duration of the transitional period),
Rosanna Valenza, Maria Laura Altavista, Laura Marsella, Simonetta Schettini, Sabrina Tomassini (18 October 2012 Joined Cases C‑302/11 to C‑305/11)
These references for a preliminary ruling concern the interpretation of clauses 4 and 5 of the framework agreement on fixed‑term work concluded on 18 March 1999 (‘the framework agreement’), which is annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).
The references have been made in proceedings between Mesdames Valenza, Altavista, Marsella, Schettini and Tomassini and the Autorità Garante della Concorrenza e del Mercato (National Competition Authority) (‘the AGCM’) concerning the latter’s refusal to take into account, in order to determine the applicants’ length of service upon their recruitment on a permanent basis as career civil servants, under a stabilisation procedure specific to their employment relationship, periods of service previously completed with that same public authority under fixed‑term employment contracts.
Christine Noland (18 October 20122 Case C-583/10)
This reference for a preliminary ruling concerns the interpretation of Article 2 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ 1998 L 225, p. 16). The reference was submitted in a dispute between the United States of America and Ms Nolan, a civilian employee of an American army base in the United Kingdom, concerning the obligation to consult staff before carrying out redundancies, in accordance with United Kingdom legislation implementing Directive 98/59.
Preliminary ruling (18 October Case C-498/10)
This reference for a preliminary ruling concerns the interpretation of Article 56 TFEU.The reference has been made in proceedings between X NV (‘X’), a semi-professional football club (‘betaaldvoetbalorganisatie’) established in the Netherlands, and the Staatssecretaris van Financiën (State Secretary for Finance) concerning the withholding tax levied on the remuneration paid to a service provider established in another Member State.
Commission v Hungary (C-286/12 October 1st 2012) Social policy
Council Directive 2000/78/EC – Failure of a State to fulfil its obligations – Breach of Articles 2 and 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) – National rules requiring termination of the service of judges, prosecutors and notaries public on reaching the age of 62 – No legitimate purpose justifying that difference of treatment compared with workers under 62 – Disproportionate nature of the transitional period (one year)
Reiman (C-317/11 October 2nd 2012) Social policy
Reference for a preliminary ruling – Landesarbeitsgericht Berlin-Brandenburg – Interpretation of Article 31 of the Charter of Fundamental Rights of the European Union and Article 7(1) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9) – Right of a worker to paid annual leave of at least four weeks – National legislation allowing the social partners to derogate from that right, in certain economic sectors, by means of a collective agreement.
Hogan and others (C-398/11 October 3rd 2012) Social policy
Reference for a preliminary ruling – High Court of Ireland – Interpretation of Article 1(1) and Article 8 of Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (Codified version) (OJ 2008 L 283, p. 36) – Additional contribution schemes – Insufficient resources for those schemes – National legislation which does not provide for a legal basis enabling employees to obtain compensation from their employer following the insolvency of the undertaking – Duty for the Member State concerned to adopt the measures necessary to protect the interests of employees – Factors to be taken into account by the national court when assessing whether that duty has been complied with.
Format Urządzenia i Montaże Przemysłowe (C-115/11 October 4th 2012)
Reference for a preliminary ruling – Sąd Apelacyjny w Warszawie – Interpretation of Article 14(2)(b) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition 1971 (II), p. 416), as amended – Delimitation between the concepts of ‘person normally employed in the territory of two or more Member States’ and ‘posted worker’ – Worker employed by an undertaking established in his Member State of origin and carrying out his work exclusively in other Member States of the European Union, whilst retaining his residence and the centre of his vital interests in his State of origin.
Advocate General : Mazák
Scheefer v Parliament (Case F-41/12 October 10th 2012)Civil Service
Civil service – Application for (i) annulment of the Parliament’s decision terminating the applicant’s contract as a member of the temporary staff appointed for an indefinite period and (ii) for compensation.
F-85/10 – AI v Court of Justice – FR Allegro Courtroom
Staff cases – First, application for the annulment of the deliberations of the Selection Board concerning the results of the French test in internal competition on the basis of tests No CJ 12/09 and, to the extent necessary, for annulment of the contracts and appointments of the persons who passed that competition and, second, application for annulment of the decision not to renew the applicant’s temporary staff contract, and application for compensation for damage.
F – 4/11 – AV v Commission
Civil Service Tribunal – First Chamber – FR Allegro Courtroom
Staff case – Application to annul decisions to defer medical cover in respect of the applicant as provided for by Article 32 of the Conditions of employment of other servants of the European Union and not to grant him entitlement to the invalidity allowance.
Judgment T-594/10 P – Staff Regulations of Officials
Appeal against the order of the Civil Service Tribunal (First Chamber) delivered on 6 October 2010 in Case F2/10 Marcuccio v Commission dismissing as partly manifestly inadmissible and partly manifestly unfounded the action seeking, first, annulment of the decision rejecting his request for 100% reimbursement of all the medical costs incurred as a result of an accident he suffered and, second, a claim for damages.
Judgment C-141/11 – Social Policy
Reference for a preliminary ruling – Södertörns tingsrätt – Interpretation of the general principle of law on the prohibition of age discrimination and of Article 6 of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) – National legislation and collective agreement granting employees an unconditional right to work until the age of 67 and providing for automatic termination without notice of the employment relationship at the end of the month in which the employee turns 67, without taking account of the actual pension paid to him.
Judgment F-4/11 – Staff Regulations of Officials
Staff case – Application to annul decisions to defer medical cover in respect of the applicant as provided for by Article 32 of the Conditions of employment of other servants of the European Union and not to grant him entitlement to the invalidity allowance.
Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH (Case C-132/11. 7 June 2012)
Directive 2000/78/EC – Equal treatment in employment and occupation – Difference of treatment on grounds of age – Charter of Fundamental Rights of the European Union – General principles of European Union law – Collective agreement – Failure to take into account, for the grading on the salary scale of cabin crew members of an airline, professional experience acquired with another airline belonging to the same group of companies – Contract clause.
Galina Meister v Speech Design Carrier Systems GmbH (C-415/10 – Meister. 19 April 2012)
Directives 2000/43/EC, 2000/78/EC and 2006/54/EC – Equal treatment in employment and occupation – Worker showing that he meets the requirements listed in a job advertisement – Right of that worker to have access to information indicating whether the employer has recruited another applicant.
For more information about these cases please see InfoCuria