ECJ 11 September 2014, case C-91/13 (Essent Energie Productie BV - v - Minister van Sociale Zaken en Werkgelegenheid), Free movement, Work and residence permit

Essent is a Dutch company. It contracted with another Dutch company, BIS, to erect scaffolding at...

ECJ 17 July 2014, case C-173/13 (Maurice and Blandine Leone - v - Garde des Sceaux, ministre de la Justice and Caisse nationale de retraite des agents des collectivités locales), Gender discrimination, Pension

Mr Leone was a civil servant. He and his wife have three children. In 2005, Mr Leone applied for...

ECJ 17 July 2014, case C-173/13 (Maurice and Blandine Leone - v - Garde des Sceaux, ministre de la Justice and Caisse nationale de retraite des agents des collectivités locales), Gender discrimination, Pension

Mr Leone was a civil servant. He and his wife have three children. In 2005, Mr Leone applied for...

ECJ 19 June 2014, joined cases C-53/13 and C-80/13 (Strojírny Prostĕjov a.s. and ACO Industries Tábor s.r.o. - v - Odvolaci finančni ředitelství), Free movement, Tax

Strojírny Prostĕjov and ACO Industries are Czech companies. They hired temporary workers...

ECJ 19 June 2014, joined cases C-53/13 and C-80/13 (Strojírny Prostĕjov a.s. and ACO Industries Tábor s.r.o. - v - Odvolaci finančni ředitelství), Free movement, Tax

Strojírny Prostĕjov and ACO Industries are Czech companies. They hired temporary workers...

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.