ECJ 25 April 2013, case C-81/12 (Asociatia ACCEPT - v - Consiliul National pentru Combaterea Discriminarii), Sexual orientation discrimination

Mr Becali was the owner of FC Steaua, a Romanian football club. On 8 February 2010 he sold his...

2013/40 New law suspending older civil servants unenforceable (GR)

In 2011, under pressure from the EU and the IMF, Greece enacted a law aimed at reducing the number of civil servants in certain areas. It provides that civil servants who are eligible to retire no later than 31 December 2013 face automatic suspension at 60% of salary on 1 January 2012 and automatic termination of their employment on 31 December 2013. Two civil servants challenged the law in interlocutory proceedings and although their application was rejected for lack of urgency, the legal basis of their claim was accepted. The court in its reasoning established that the law is age discriminatory and unenforceable.

2013/40 New law suspending older civil servants unenforceable (GR)

In 2011, under pressure from the EU and the IMF, Greece enacted a law aimed at reducing the number of civil servants in certain areas. It provides that civil servants who are eligible to retire no later than 31 December 2013 face automatic suspension at 60% of salary on 1 January 2012 and automatic termination of their employment on 31 December 2013. Two civil servants challenged the law in interlocutory proceedings and although their application was rejected for lack of urgency, the legal basis of their claim was accepted. The court in its reasoning established that the law is age discriminatory and unenforceable.

2013/37 Employer need not waive competitive interview requirement for disabled candidate (UK)

Following an internal restructure, a disabled employee argued that it would have been a reasonable adjustment for her to have been appointed to a vacant role without being competitively interviewed for the post. The Employment Appeal Tribunal (‘EAT’) rejected the appeal and upheld the employment tribunal’s decision that an employer’s duty to make reasonable adjustments does not extend to appointing internal candidates if they do not meet the essential criteria of the job they are applying for.

2013/37 Employer need not waive competitive interview requirement for disabled candidate (UK)

Following an internal restructure, a disabled employee argued that it would have been a reasonable adjustment for her to have been appointed to a vacant role without being competitively interviewed for the post. The Employment Appeal Tribunal (‘EAT’) rejected the appeal and upheld the employment tribunal’s decision that an employer’s duty to make reasonable adjustments does not extend to appointing internal candidates if they do not meet the essential criteria of the job they are applying for.

ECJ 11 April 2013, case C-401/11 (Blanka Soukupová - v - Minister stro zemedelstrí), Gender discrimination

The age at which Czech citizens become eligible for state retirement benefits differs for men and...

ECJ 11 April 2013, case C-401/11 (Blanka Soukupová - v - Minister stro zemedelstrí), Gender discrimination

The age at which Czech citizens become eligible for state retirement benefits differs for men and...

2013/20 The principle of secularism does not apply to the private sector (FR)

The principle of secularism - established by Article 1 of the French Constitution - does not apply to employees of private employers that do not provide a public service.

2013/20 The principle of secularism does not apply to the private sector (FR)

The principle of secularism - established by Article 1 of the French Constitution - does not apply to employees of private employers that do not provide a public service.

2013/22 Presumptive gender discrimination in rejecting job applicant disproved (NL)

A female job applicant was rejected for a university professorship, for reasons that she felt to be gender discriminatory. The fact that the search committee consisted entirely of men, combined with other circumstances, made the court accept that there was prima facie evidence of discrimination. However, the university provided sufficient evidence to rebut the presumption.