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Court watch

2018-06-05

Ruling

ECJ 20 December 2017, case C-158/16 (Vega González), Fixed-term work, Other forms of discrimination

A fixed-term worker elected to a parliamentary role must be able to benefit from the same special leave granted to a permanent civil servant, to enable them to hold a public office.

European Court of Justice (ECJ), 2017-12-20

Summary

2018-06-05

EJC 7 September 2017, case C-174/16 (H), Maternity and parental leave, Gender discrimination

Clause 5(1) and (2) of the revised Framework Agreement on parental leave precludes rules of national law which make promotion conditional on having successfully completed a probation, if probation has not taken place because of parental leave.

European Court of Justice (ECJ), 2017-09-07

Summary

2018-06-05

ECJ 20 December 2017, case C-158/16 (Vega González), Fixed-term work, Other forms of discrimination

A fixed-term worker elected to a parliamentary role must be able to benefit from the same special leave granted to a permanent civil servant, to enable them to hold a public office.

European Court of Justice (ECJ), 2017-12-20

Court watch

2018-06-05

Ruling

ECJ 18 October 2017, case C-409/16 (Kalliri), Gender discrimination

The competition notice for enrolment in Greek police schools requires applicants, whichever their gender, to be at least 1.70m in height. This disadvantages a far greater number of women than men and does not appear either appropriate or necessary to achieve the legitimate objective it pursues.

European Court of Justice (ECJ), 2017-10-18

Summary

2018-06-05

ECJ 18 October 2017, case C-409/16 (Kalliri), Gender discrimination

The competition notice for enrolment in Greek police schools requires applicants, whichever their gender, to be at least 1.70m in height. This disadvantages a far greater number of women than men and does not appear either appropriate or necessary to achieve the legitimate objective it pursues.

European Court of Justice (ECJ), 2017-10-18

Case report

2018-06-05

Europe

ECJ 20 December 2017, case C-103/16 (Porras Guisado), Unfair dismissal, Collective redundancies

Directive 92/85 does not preclude national legislation that allows an employer to dismiss a pregnant worker in the context of a collective redundancy.

European Court of Justice (ECJ), 2017-12-20

Summary

2018-06-05

ECJ 20 December 2017, case C-103/16 (Porras Guisado), Unfair dismissal, Collective redundancies

Directive 92/85 does not preclude national legislation that allows an employer to dismiss a pregnant worker in the context of a collective redundancy.

European Court of Justice (ECJ), 2017-12-20

Case report

2018-05-01

Germany

2018/3 Limitation period for compensation claim on grounds of discrimination (GE)

An acquired mother tongue is – at least indirectly – connected to a person’s origin and therefore also linked to ethnic origin. Claims based on the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, the ‘AGG’) must be brought in writing within two months after knowledge of a possible discrimination. Time only starts to run for claims after the employer has provided an unsuccessful job applicant with a clear and definite statement that he or she has been rejected. The limitation period under the AGG will not be triggered by lapse of time only.

Bundesarbeitsgericht (Federal Labour Court), 2017-06-29

Summary

2018-05-01

2018/3 Limitation period for compensation claim on grounds of discrimination (GE)

An acquired mother tongue is – at least indirectly – connected to a person’s origin and therefore also linked to ethnic origin. Claims based on the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, the ‘AGG’) must be brought in writing within two months after knowledge of a possible discrimination. Time only starts to run for claims after the employer has provided an unsuccessful job applicant with a clear and definite statement that he or she has been rejected. The limitation period under the AGG will not be triggered by lapse of time only.

Bundesarbeitsgericht (Federal Labour Court), 2017-06-29

Court watch

2018-05-01

Ruling

ECJ 19 October 2017, case C-531/15 (Otero Ramos), General discrimination, Gender discrimination

The provisions on the burden of proof regarding the equal treatment of men and women in employment matters in Directive 2006/54 also apply to claims by breastfeeding workers based on Directive 92/85 (safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding).

European Court of Justice (ECJ), 2017-10-19