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European Case Law 2013
Gomes Viana Novo and Others
Court of Justice – Fifth Chamber
Judgment
Courtroom III – Level 6 C-309/12
Thursday 28/11/2013
Reference for a preliminary ruling – Tribunal Central Administrativo do Norte – Interpretation of Arts. 4 and 10 of Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (OJ 1980 L 283, p. 23) – Limitation of the liability of guarantee institutions – National legislation limiting the obligation to pay claims to those falling due during the six-month period preceding the initiation of proceedings for a declaration of the employer’s insolvency – Application of that limitation in cases in which proceedings have been brought before the labour courts to determine the value of claims that have not been paid during the six months following the date on which they fell due.
Advocate General : Bot
Zentralbetriebsrat der gemeinnützigen Salzburger Landeskliniken Betriebs
Court of Justice – Second Chamber
Judgment
Courtroom I – Level 8 C-514/12
Thursday 05/12/2013
Request for a preliminary ruling – Landesgericht Salzburg – Interpretation of Article 45 TFEU and of Article 7(1) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ 2011 L 141, p. 1) – Pay of contractual servants in the public service of a Member State – National legislation providing for account to be taken of all periods of work completed for a specific public employer, but providing for only a proportion of the periods of work completed after a certain age for other public or private employers to be taken into account
Advocate General : Bot
Lock
Court of Justice – First Chamber
Opinion
New Great Courtroom C-539/12
Thursday 05/12/2013
Request for a preliminary ruling – Employment Tribunal, Leicester – United Kingdom – Interpretation of Article 7 of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18) as amended by Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 (OJ 2003 L 299, p. 9) – Consultant being paid a basic salary together with monthly premiums according to the turnover realised and the number of sale contracts concluded, paid in arrears – Maintenance of the basic salary during annual leave, but not the premiums, except those linked to the services provided before the leave
Advocate General : Bot
C.D. v S.T.
Court of Justice – Grand Chamber
Opinion
Courtroom IV – Level 6 C-167/12
Thursday 26/09/2013
Request for a preliminary ruling – Employment Tribunal Newcastle upon Tyne (UK)
Interpretation of Articles 1(1), 2(c), 8(1) and 11(2)(b) of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ 1992 L 348, p. 1) Interpretation of Articles 14 and 2(1)(a), (b) and(c) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23) – Prohibition of any less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Directive 92/85/EEC – Scope – Non-biological mother having recourse to surrogacy – Right to maternity leave
Advocate General : Kokott
Z v A Government Department and the Board of Management of a Community School
Court of Justice – Grand Chamber
Opinion
Courtroom IV – Level 6 C-363/12
Thursday 26/09/2013
Request for a preliminary ruling from the Equality Tribunal (Ireland)
Social policy – Surrogacy – Right to leave of absence equivalent to maternity leave or adoption leave – Directive 2006/54/EC – Equal treatment of men and women – Scope – United Nations Convention on the Rights of Persons with Disabilities – Directive 2000/78/EC ­– Equal treatment in employment and occupation – Scope – Concept of disability – Participation in professional life – Article 5 – Obligation of reasonable accommodation.
Carmela Carratù v Poste Italiane SpA
Court of Justice – Grand Chamber
Opinion
Courtroom IV – Level 6 C-361/12
Thursday 26/09/2013
Request for a preliminary ruling from the Tribunale di Napoli (Italy)
Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 –Employment conditions – Compensation for the unlawful insertion of a fixed-term clause in an employment contract – Equal treatment – Concept of ‘emanation of the State’
Advocate General : Wahl
HK Danmark v Experian A/S.
Court of Justice – Second Chamber
Judgment
Courtroom IV – Level 6 C-476/11
Thursday 26/09/2013
Reference for a preliminary ruling – Vestre Landsret – Interpretation of Article 6(2) 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) – Justification for differences of treatment on grounds of age – Determination, for occupational social security schemes, of age limits for admission or eligibility for pension or invalidity benefits – General exception for occupational social security schemes provided that there is no discrimination on grounds of sex, or exception solely for admission to social security schemes – National legal situation in which an employer may pay, as part of pay, pension contributions graded according to the age of the employee
Advocate General : Kokott
Dansk Jurist- og Økonomforbund v Indenrigs- og Sundhedsministeriet
Court of Justice – Second Chamber
Judgment
Courtroom IV – Level 6 C-546/11
Thursday 26/09/2013
Request for a preliminary ruling – Højesteret – Interpretation of Art. 6(1) and (2) 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) – Fixing of age limits for access or entitlement to retirement or invalidity benefits under occupational social security schemes – Discrimination on grounds of age – National legislation providing, in the event of abolition of a worker’s post, for compensation up to the amount of his salary for three years or until he has reached retirement age – Retirement pension paid to a worker 65 years of age whose post has been abolished, irrespective of his entitlement to continue working after age 65
Advocate General : Kokott
Go to case report
Nasiopoulos
Court of Justice – First Chamber
Judgment
New Great Courtroom C-575/11
Thursday 27/06/2013
Reference for a preliminary ruling – Simvoulio tis Epikratias – Interpretation of Article 49 TFEU, of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration (OJ 1989 L 19, p. 16) and of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25) – Refusal to grant authorisation giving access to the regulated profession of physiotherapist in a host Member State to one of that State’s nationals who does not have a diploma to that effect, within the meaning of Article 1(a) of Directive 92/51/EEC, but does have qualifications for engaging in a similar profession that is recognised in another Member State – Possibility of partial access, limited to certain activities covered by the profession
Advocate General : Mengozzi
BM v BCE
Civil Service Tribunal – Third Chamber
Judgment
Allegro Courtroom F-78/11
Wednesday 26/06/2013
Staff case – Application for annulment of the decision of the ECB to terminate the applicant’s contract during the probationary period by reason of a disciplinary offence punished by a reprimand
BM v BCE
Civil Service Tribunal – Third Chamber
Judgment
Allegro Courtroom F-106/11
Wednesday 26/06/2013
Civil service – Action for annulment of the decision of the Deputy Director General of the Directorate General Human Resources, Budget and Organisation imposing a reprimand on the applicant.
British Telecommunications v Commission (T-226/09) and BT Pension Scheme Trustees v Commission (T-230/09) – Joined cases (06.05.2013)
Annulment of Commission Decision C(2009) 685 final of 11 February 2009 declaring that the State aid granted by the British authorities to British Telecommunications (BT), in the form of exemption of the BT pension fund from the obligation to pay a contribution to the Pension Protection Fund, in respect of employees in their posts before privatisation of the undertaking (C 55/2007 (ex NN 63/2007)), constitutes State aid incompatible with the common market.
Go to case report (BT v Commission)
Go to case report (BT Pension Scheme Trustees v Commission)
Asociaţia ACCEPT (C-81/12. 25.04.2013)
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
Advocate General : Jääskinen
Demir (C-225/12. 25.04.2013)
Reference for a preliminary ruling – Raad van State (Netherlands) – Interpretation of Article 13 of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council established under the EEC/Turkey Association Agreement – Prohibition on the introduction by Member States of new restrictions on access to the labour market for Turkish workers who are legally resident and employed in their respective territories – National legislation imposing a substantive and/or formal condition governing the first admission of Turkish nationals to national territory – Requirement of possession of a temporary residence permit prior to entry into the Netherlands and prior to application for a residence permit – Paragraph 85 of the Court’s judgment in Joined Cases C317/01 (Abatay) and C369/01 (Sahin) [2003] ECR I12301
Hogan and others (C-398/11. 25.04.2013)
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
Advocate General : Kokott
Imfeld and Garcet (C-303/12. 22.04.2013)
Reference for a preliminary ruling – Tribunal de première instance de Liège – Interpretation of Article 39 EC – Provisions of agreements, and national legislation, relating to double taxation – Occupational income wholly earned and taxed in a Member State other than the Member State of residence – Account taken in part, by the Member State in which the income is earned, of the personal and family circumstances – The income tax payable in the Member State of residence calculated in accordance with the principle of exemption subject to réserve de progressivité (right to take foreign income into account) – Loss of tax advantages linked to the personal and family circumstances.
Mustafa (C-24712. 18.04.2013)
Reference for a preliminary ruling – Varhoven administrativen sad – Interpretation of Article 2(1) of Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (OJ 1980 L 283, p. 23), as amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 80/987 (OJ 2002 L 270, p. 10) – Obligation on the Member States to provide for guarantees not only for employees’salary claims existing at the time of the opening of insolvency proceedings of the employer but also for claims that may arise at each stage of the insolvency procedure
Advocate General : Bot
Mulders (C-548. 18.04.2013)
Reference for a preliminary ruling – Arbeidshof te Antwerpen – Interpretation of Articles 1(r) and 46 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) – Old-age and death insurance – Calculation of benefits – Periods of insurance to be taken into consideration
Advocate General : Cruz Villalón
Biasci and Others (C-660/11) and Rainone and Others (C-8/12) – Joined cases (18.04.2013)
Reference for a preliminary ruling – Tribunale Amministrativo Regionale per la Toscana – Freedom of movement of persons – Freedom to provide services – Activity of collecting bets – Domestic legislation making the exercise of that activity conditional upon the obtaining of a public security authorisation and permit issued by the national authorities – Non-recognition of authorisations and permits issued by foreign authorities – Whether compatible with Articles 43 EC and 49 EC (now Articles 49 TFEU and 56 TFEU)
Go to case report (Biasci)
Go to case report (Rainone)
van der Helder and Farrington (C-321/12. 18.04.2013)
Reference for a preliminary ruling – Centrale Raad van Beroep – Interpretation of Articles 4 and 28(2)(b) of Regulation (EEC) No 1408/71 of the Council 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) – Sickness insurance – Benefits for pensioners resident in a Member State other than that of the competent institution – Benefits to be paid by the institution of the Member State in which the person concerned has been covered for the longest period – Concept of ‘legislation [to which] the pensioner has been subject for the longest period of time’
Schlecker (C-64/12. 16.04.2013)
Reference for a preliminary ruling – Hoge Raad der Nederlanden – Interpretation of Article 6(2) of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 (OJ 1980 L 266, p. 1) – Law applicable where none chosen – Employment contract – Law of the country in which the employee habitually carries out his work – Employee who has carried out his work continuously and over a long period in a Member State – Employment contract displaying, in the light of all the other circumstances, a very close connection with another Member State
Advocate General : Wahl
Case C-167/12 – Reference for a preliminary ruling from Employment Tribunal Newcastle upon Tyne (United Kingdom) made on 3 April 2012 – C.D. v S.T.
The introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ 1992 L 348, p. 1) Interpretation of Articles 14 and 2(1)(a), (b) and(c) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23) – Prohibition of any less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Directive 92/85/EEC – Scope – Non-biological mother having recourse to surrogacy – Right to maternity leave.
Case C 427/11 – Judgment – Article 141 EC – Directive 75/117/EEC 28/02/2013
(Equal pay for men and women – Indirect discrimination – Objective justification – Conditions)
This request for a preliminary ruling concerns the interpretation of Article 141 EC and Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ 1975 L 45, p. 19).
Case C-5/12 – Reference for a preliminary ruling from the Juzgado de lo Social de Lleida (Spain) lodged on 3 January 2012 – Marc Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) (Thursday 21/02/2013)
Interpretation of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40) and Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC (OJ 1996 L 145, p4.) – National legislation granting six weeks of maternity leave to mothers after giving birth – Right to leave of employed fathers – Conditions – National legislation providing for the right of employed fathers who adopt a child, but not those who have a child by birth, to suspend their contract of employment and to return to the same job, paid for by the social security system – Infringement of the principle of equal treatment
Case C-513/11 – Reference for a preliminary ruling from the Työtuomioistuin (Finland) lodged on 3 October 2011 – Ylemmät Toimihenkilöt YTN ry v Teknologiateollisuus ry, Nokia Siemens Networks Oy – 21/02/2013
Do Directive 2006/54/EC 1 of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation and Council Directive 92/85/EEC 2 of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding preclude a national collective agreement from being interpreted as meaning that an employee moving from unpaid child-care leave to maternity leave is not paid remuneration during maternity leave in accordance with the collective agreement?
Case C‑426/11 Alemo-Herron and others v. Parkwood Leisure Ltd (19 February 2013)
(Transfer of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 3(3) – Collective agreement applicable to the transferor and to the employee at the time of the transfer – Dynamic clauses referring to current and future collective agreements – Scope of the judgment of the Court of Justice in Werhof – Negative aspect of the fundamental right to freedom of association – Freedom to conduct a business – Articles 12 and 16 of the Charter of Fundamental Rights of the European Union)
Case C-646/11 P 3F v. Commission (13 January 2013)
Appeal against the judgment of the General Court (Second Chamber) of 27 September 2011 in Case T-30/03 RENV 3F v Commission dismissing the application for annulment of Commission Decision C(2002) 4370 final of 13 November 2002 to regard as State aid compatible with the common market the tax reduction measures applicable to seafarers on board Danish vessels (Case C-319/07 P referred back after appeal).