ECJ 19 June 2014, case C-507/12 (Jessy Saint Prix - v - Secretary of State for Work and Pensions, with AIRE Centre intervening), Other forms of free movement

Ms Saint Prix is a French national. She worked in the UK for one year in 2006/2007. Following...

ECJ 19 June 2014, case C-507/12 (Jessy Saint Prix - v - Secretary of State for Work and Pensions, with AIRE Centre intervening), Other forms of free movement

Ms Saint Prix is a French national. She worked in the UK for one year in 2006/2007. Following...

2014/31 How to calculate unemployment benefits in cross-border situations; ‘typical’ and ‘atypicial’ frontier workers (CZ)

Where a person was employed in a state, not being that of his residence, and he does not return to his state of residence at least once a week, he has, according to Regulation 1408/71, a choice of where to apply for unemployment support: in his state of residence or in his state of work. 

If such a ‘frontier worker’ applies for unemployment support in his state of residence, the amount of that support should be calculated based on the earnings a worker in a similar job earns in the state of residence and not on the applicant’s own previous earnings.

2014/31 How to calculate unemployment benefits in cross-border situations; ‘typical’ and ‘atypicial’ frontier workers (CZ)

Where a person was employed in a state, not being that of his residence, and he does not return to his state of residence at least once a week, he has, according to Regulation 1408/71, a choice of where to apply for unemployment support: in his state of residence or in his state of work. 

If such a ‘frontier worker’ applies for unemployment support in his state of residence, the amount of that support should be calculated based on the earnings a worker in a similar job earns in the state of residence and not on the applicant’s own previous earnings.

2014/19 Eligibility for widow’s pension conditional on marriage predating termination of late employee’s employment: no age or sex discrimination (GE)

The Bundesarbeitsgericht has confirmed its previous case law, according to which it is neither sex nor age discriminatory if a company pension scheme excludes surviving spouses from pension benefits who married the pensioner after termination of his employment relationship. Even if such provision implies indirect discrimination on the grounds of age or sex, the employer has a legitimate interest in limiting financial risks in relation to company pension.

2014/19 Eligibility for widow’s pension conditional on marriage predating termination of late employee’s employment: no age or sex discrimination (GE)

The Bundesarbeitsgericht has confirmed its previous case law, according to which it is neither sex nor age discriminatory if a company pension scheme excludes surviving spouses from pension benefits who married the pensioner after termination of his employment relationship. Even if such provision implies indirect discrimination on the grounds of age or sex, the employer has a legitimate interest in limiting financial risks in relation to company pension.

ECJ 4 July 2013, case C-233/12 (Simone Gardella - v - INPS), Free movement, Pension

Mr Gardella worked in Italy from 21 December 1992 to 30 April 2002, during which period of over...

ECJ 4 July 2013, case C-233/12 (Simone Gardella - v - INPS), Free movement, Pension

Mr Gardella worked in Italy from 21 December 1992 to 30 April 2002, during which period of over...

2013/47 When is employment “genuine” for social security purposes? (PL)

The social security institution of a Member State may not determine on its own whether the employment of one of its residents in another Member State is genuine. It should rely on the decision of the institution of that other Member State or adopt the procedure provided in Regulation 987/2009.

2013/47 When is employment “genuine” for social security purposes? (PL)

The social security institution of a Member State may not determine on its own whether the employment of one of its residents in another Member State is genuine. It should rely on the decision of the institution of that other Member State or adopt the procedure provided in Regulation 987/2009.