ECJ 21 December 2016, joined cases C-508/15 (Ucar) and C-509/15 (Kilic), Free movement, residence

These cases relate to Decision 1/80 of the ‘Association Council’, a body established pursuant to the 1963 Association Agreement between Turkey and the EU. In both cases, the German immigration authorities had rejected an application to extend the residence permit of a Turkish national but the ECJ found they had a right of residence.

ECJ 21 December 2016, case C-539/15 (Bowman), Age discrimination

Requiring staff to complete five service years before progressing from the first to the second step on the salary scale, but requiring only two service years for each next step, is not age-discriminatory.

ECJ 1 February 2017, case C-430/15 (Tolley), Free movement, social insurance

Mrs Tolley, a disabled UK national, emigrated from the UK to Spain in 2002, at age 50. Before she left the UK, because she was unable to prepare a meal for herself, she was in receipt of DLA (disability living allowance) benefits. These benefits were stopped when she left the UK, because under UK law, only residents are eligible. Mrs Tolley appealed successfully to the First-tier Tribunal. Its decision was upheld by the Upper Tribunal and the Court of Appeal. The Secretary of State appealed to the Supreme Court, which referred questions to the ECJ, all relating to Regulation 1408/71 on the coordination of social security legislation within the EU (now Regulation 883/2004). The ECJ found in Mrs Tolley’s favour.

ECJ 1 February 2017, case C-430/15 (Tolley), Free movement, social insurance

Mrs Tolley, a disabled UK national, emigrated from the UK to Spain in 2002, at age 50. Before she left the UK, because she was unable to prepare a meal for herself, she was in receipt of DLA (disability living allowance) benefits. These benefits were stopped when she left the UK, because under UK law, only residents are eligible. Mrs Tolley appealed successfully to the First-tier Tribunal. Its decision was upheld by the Upper Tribunal and the Court of Appeal. The Secretary of State appealed to the Supreme Court, which referred questions to the ECJ, all relating to Regulation 1408/71 on the coordination of social security legislation within the EU (now Regulation 883/2004). The ECJ found in Mrs Tolley’s favour.

Case C-442/16. Free movement

Does an EU citizen who (1) is a national of another Member State; (2) has lawfully resided in and...

Case C-442/16. Free movement

Does an EU citizen who (1) is a national of another Member State; (2) has lawfully resided in and...

2016/61 The court awards for victimisation resulting from sexual harassment, even though the claim for sexual harassment itself was time-barred (CY)

The Industrial Disputes Court considered certain substantive and procedural issues in the context of a claim for sexual harassment and victimisation. This case provides a good illustration of the principles the tribunals apply when examining sexual harassment cases and how these are interpreted by Cypriot employment courts.

Case C-359/16. Social security

Can an E101 certificate issued under Article 11(1) of Regulation (EEC) No 574/72 fixing the...

Case C-359/16. Social security

Can an E101 certificate issued under Article 11(1) of Regulation (EEC) No 574/72 fixing the...

2016/61 The court awards for victimisation resulting from sexual harassment, even though the claim for sexual harassment itself was time-barred (CY)

The Industrial Disputes Court considered certain substantive and procedural issues in the context of a claim for sexual harassment and victimisation. This case provides a good illustration of the principles the tribunals apply when examining sexual harassment cases and how these are interpreted by Cypriot employment courts.