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European Case Law 2014
Joined cases
C-22/13 Mascolo ( go to case report)
C-418/13 Napolitano and Others ( go to case report)
C-61/13 Forni ( go to case report)
C-62/13 Racca ( go to case report)
C-63/13 Russo ( go to case report)
Court of Justice – Third Chamber
Hearing
Thursday 27/03/2014
Request for a preliminary ruling – Tribunale di Napoli – Interpretation of Clauses 4 and 5 of the framework agreement 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) – Concepts of ‘employment conditions’ and ‘specific sectors and/or categories of workers’ – Interpretation of Article 2(1) and (2)(e) and of Article 8(1) of Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ 1991 L 288, p. 32) – National legislation covering the schools sector which does not, in the event of abuse, provide for the conversion of a fixed-term contract of employment into a permanent contract of employment, and which provides for compensation which is lower than that granted in the event of an unlawful termination of a permanent contract of employment – Legislation with retroactive effect having negative consequences for the workers concerned – Principle of sincere cooperation
Torralbo Marcos
Court of Justice – Second Chamber
Judgment
C-265/13
Thursday 27/03/2014
Request for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy – Judicial fees and deposits required for lodging appeals in employment law cases – Failure to implement European Union law – Scope of European Union law – Lack of jurisdiction of the Court
Fenoll
Court of Justice – First Chamber
Hearing
C-316/13
Thursday 27/03/2014
Request for a preliminary ruling Cour de cassation (France) – Interpretation of Article 3 of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1), of Article 1 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of working time (OJ 2003 L 299, p. 9), and of Article 31 of the Charter of Fundamental Rights of the European Union – Classification as a worker of a person placed in a work rehabilitation centre – Person with a disability – Right to paid annual leave – Possibility of relying directly on the Charter
Lyreco Belgium
Court of Justice – Third Chamber
Judgment
C-588/12
Thursday 27/02/2014
Request for a preliminary ruling – Arbeidshof te Antwerpen – Belgium – Interpretation of Clause s1 and 2, paragraph 4, of the framework agreement on parental leave concluded by UNICE, CEEP and ETUC, contained in the Annex to Council Directive 93/34/EC of 3 June 1996 (OJ 1996 L 145, p. 4) – Part-time parental leave – Reduction of benefits – Termination of a worker’s contract before the end of the period of parental leave without urgent cause – Method of calculating the protective award
Advocate General : Jääskinen
Nierodzik
Court of Justice – Eighth Chamber
Judgment
C-38/13
Thursday 13/03/2014
Request for a preliminary ruling Sąd Rejonowy w Białymstoku Interpretation of Article 1 of 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), and of clauses 1 and 4 of the annex to that directive – Provisions of national law providing for less favourable periods of notice in fixed-term contracts than in open-ended contracts
Advocate General : Kokott
Márquez Samohano
Court of Justice – Eighth Chamber
Judgment
C-190/13
Thursday 13/03/2014
(Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Universities – Associate lecturers – Successive fixed-term employment contracts – Clause 5(1) – Measures to prevent the abusive use of fixed-term contracts – Concept of ‘objective reasons’ justifying such contracts – Clause 3 – Concept of ‘employment contract of indefinite duration’– Penalties – Right to compensation – Difference in treatment between permanent workers)
C.D. v S.T.
Court of Justice – Grand Chamber
Judgment
C-167/12
Tuesday 18/03/2014
Request for a preliminary ruling – Employment Tribunal Newcastle upon Tyne – 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
Terveys- ja sosiaalialan neuvottelujärjestö TSN ry and Ylemmät Toimihenkilöt YTN ry
Court of Justice – Third Chamber
Judgment
C-512/11 and C-513/11 (joined cases)
Thursday 13/02/2014
Reference for a preliminary ruling – Työtuomioistuin – Interpretation 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) and 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 (OJ 1992 L 348, p. 1) – Collective agreement under which workers are entitled to be paid their full salary during maternity leave on condition that they have been employed for at least three months continuously before the start of maternity leave – Salary not paid during maternity leave under that agreement to workers who take maternity leave immediately after unpaid child-care leave
Advocate General:Kokott
Go to case reports C-512/11 and C-513/11
Pohl
Court of Justice – Second Chamber
Judgment
C-429/12
Thursday 16/01/2014
Reference for a preliminary ruling – Oberlandesgericht Innsbruck – Interpretation of Article 6(3) TEU, Article 21 of the Charter of Fundamental Rights of the European Union, Article 45 TFEU and 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) – Temporal scope – Period before accession – Remuneration of employees in the rail transport sector – National legislation and collective agreement excluding the taking into account of periods of employment completed before reaching the age of 18 for the purpose of determining remuneration – Taking into account of half of the employee’s periods of employment completed after reaching the age of 18, except in the case of professional experience acquired with a ‘quasi-public’ national undertaking or with the national railway company – Limitation period
Advocate General : Bot
Association de médiation sociale
Court of Justice – Grand Chamber
Wednesday 15/01/2014
Judgment
C-176/12
Social policy – Directive 2002/14/EC – Charter of Fundamental Rights of the European Union – Article 27 – Subjecting the setting up of bodies representing staff to certain thresholds of employees – Calculation of the thresholds – National legislation contrary to European Union law – Role of the national court