EELA Updates

Summary

2016-06-01

ECJ 7 April 2016, case C-5/15 (Büyüktipi), legal expenses insurance

A legal expenses insurance policy must cover the cost of a lawyer of choice, even in administrative proceedings (judgment largely identical to that in Massar, also summarised in this edition of EELC).

European Court of Justice (ECJ), 2016-04-07

Court watch

2016-06-01

ECJ 7 April 2016, case C-315/14 (Marchon Germany), commercial agency

This case involves the right of a self-employed commercial agent, following termination of the contract with his principal, to an indemnity for having brought in new business. This right may not be interpreted restrictively.

European Court of Justice (ECJ), 2016-04-07

Court watch

2016-06-01

ECJ 7 April 2016, case C-460/14 (Massar), legal insurance

A legal expenses insurance policy must cover the cost of a lawyer of choice, even in administrative proceedings (judgment almost identical to that in Büyüktipi, also summarised in this edition of EELC).

European Court of Justice (ECJ), 2016-04-07

Summary

2016-06-01

ECJ 7 April 2016, case C-315/14 (Marchon Germany), commercial agency

This case involves the right of a self-employed commercial agent, following termination of the contract with his principal, to an indemnity for having brought in new business. This right may not be interpreted restrictively.

European Court of Justice (ECJ), 2016-04-07

Summary

2016-06-01

ECJ 7 April 2016, case C-460/14 (Massar), legal insurance

A legal expenses insurance policy must cover the cost of a lawyer of choice, even in administrative proceedings (judgment almost identical to that in Büyüktipi, also summarised in this edition of EELC).

European Court of Justice (ECJ), 2016-04-07

Case report

2016-06-01

Lithuania

2016/27 Employers must compensate employees separately for restricting their right to work for others, not only after, but also during their employment (LI)

Following the latest case law of the Supreme Court of Lithuania, it is not enough to state that an employee cannot work for a competitor during their employment. It is necessary to pay compensation in order for the non-compete obligation to be legally enforceable, because of the onerous nature of the obligation.

Lietuvos Aukščiausiasis Teismas (Supreme Court of Lithuania), 2016-02-12

Summary

2016-06-01

2016/27 Employers must compensate employees separately for restricting their right to work for others, not only after, but also during their employment (LI)

Following the latest case law of the Supreme Court of Lithuania, it is not enough to state that an employee cannot work for a competitor during their employment. It is necessary to pay compensation in order for the non-compete obligation to be legally enforceable, because of the onerous nature of the obligation.

Lietuvos Aukščiausiasis Teismas (Supreme Court of Lithuania), 2016-02-12

Case report

2016-03-01

Hungary

2016/7 The prohibition against gender-based discrimination applies to self-employed contractors (HU)

In accordance with EU law, the prohibition against gender-based discrimination (in this case: dismissal relating to pregnancy) cannot be limited to employment relationships as defined in national law: it must also apply to other types of legal relationship, where one party provides services to another party for consideration, for an open-ended period of time under the supervision of a principal.

Kuria (Hungarian Supreme Court)

Case report

2016-03-01

France

2016/12 ‘Independent contractors’ working in a subordinate relationship may in reality be employees (FR)

An ‘independent contractor’ working for a company in a subordinate relationship should be considered as a de facto employee. In such a situation, the company and its legal representatives can be held liable for ‘concealed work’ and be subject to criminal penalties.

Cour de cassation, chambre criminelle (Supreme Court), 2015-12-15

Summary

2016-03-01

2016/7 The prohibition against gender-based discrimination applies to self-employed contractors (HU)

In accordance with EU law, the prohibition against gender-based discrimination (in this case: dismissal relating to pregnancy) cannot be limited to employment relationships as defined in national law: it must also apply to other types of legal relationship, where one party provides services to another party for consideration, for an open-ended period of time under the supervision of a principal.

Kuria (Hungarian Supreme Court)