ECJ 8 September 2011, cases C-297/10 and C-298/10 (Hennings), Age discrimination, collective agreements

The principle of non-discrimination on grounds of age proclaimed in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression in Council Directive 2000/78/EC [...] must be interpreted as precluding a measure laid down by a collective agreement such as that at issue in the main proceedings which provides that, within each salary group, the basic pay step of a public sector contractual employee is determined on appointment by reference to the employee’s age. The fact that European Union law precludes that measure and that it appears in a collective agreement does not interfere with the right to negotiate and conclude collective agreements recognised in Article 28 of the Charter of Fundamental Rights of the European Union.

ECJ 6 September 2011, case C-108/10 (Ivana Scattolon - v - Ministerio dell’ Instruzione, dell’ Università et della Ricerca), Employees who transfer/refuse to transfer, collective agreements

The takeover by a public authority of a Member State of staff employed by another public authority and entrusted with the supply to schools of auxiliary services including, in particular, tasks of maintenance and administrative assistance constitutes a transfer of an undertaking falling within Council Directive 77/187/EEC [ ... ], where the staff consist in a structured group of employees who are protected as workers by virtue of the domestic law of that Member State.

ECJ 6 September 2011, case C-108/10 (Ivana Scattolon - v - Ministerio dell’ Instruzione, dell’ Università et della Ricerca), Employees who transfer/refuse to transfer, collective agreements

The takeover by a public authority of a Member State of staff employed by another public authority and entrusted with the supply to schools of auxiliary services including, in particular, tasks of maintenance and administrative assistance constitutes a transfer of an undertaking falling within Council Directive 77/187/EEC [ ... ], where the staff consist in a structured group of employees who are protected as workers by virtue of the domestic law of that Member State.

ECJ 10 March 2011, case C-379/09 (Maurits Casteels – v – British Airways plc), Collective agreements, Others forms of free movement

Article 48 TFEU has no horizontal direct effect. 

Article 45 TFEU precludes, in the context of the mandatory application of a collective labour agreement and for the determination of entitlement to pension benefits (i) non-inclusion of service years in different Member States and (ii) treating transfer to another Member State as leaving the employer.

ECJ 10 March 2011, case C-379/09 (Maurits Casteels – v – British Airways plc), Collective agreements, Others forms of free movement

Article 48 TFEU has no horizontal direct effect. 

Article 45 TFEU precludes, in the context of the mandatory application of a collective labour agreement and for the determination of entitlement to pension benefits (i) non-inclusion of service years in different Member States and (ii) treating transfer to another Member State as leaving the employer.

2011/14: Employer may not deny bonus to employees who participate in an unlawful strike (FI)

It was deemed discriminatory and a breach of the employer’s duty to respect employees’ freedom of association for an employer to refuse to pay bonuses to employees who had participated in unlawful trade union strikes. However, this did not entitle the employees to separate compensation for discrimination.

2011/14: Employer may not deny bonus to employees who participate in an unlawful strike (FI)

It was deemed discriminatory and a breach of the employer’s duty to respect employees’ freedom of association for an employer to refuse to pay bonuses to employees who had participated in unlawful trade union strikes. However, this did not entitle the employees to separate compensation for discrimination.

2010/52: Fujitsu penalised for failure by parent company to apply local co-determination rules (FI)

A Finnish subsidiary should have carried out codetermination negotiations before the Dutch parent company made a decision to close down the subsidiary's production facility.

2010/52: Fujitsu penalised for failure by parent company to apply local co-determination rules (FI)

A Finnish subsidiary should have carried out codetermination negotiations before the Dutch parent company made a decision to close down the subsidiary's production facility.