<p><strong>2015/49 Non-compete clause may limit cross-border activity (LU)</strong></p>

For a non-competition clause in an employment contract to be valid under Luxembourg law, it cannot, inter alia, apply beyond national territory and it can only prohibit an independent activity identical or similar to that of the former employer. However, in a recent decision the Court of Appeal validated a non-competition clause that extended the prohibition against competing into France and prohibited an employed activity for a company competing with the former employer’s company.

ECJ 5 November 2014, case C-103/13 (Snezhana Somova – v – Glaven director na Stolichno upravlenie “Sotsialno osiguryavene”)

Ms Somova worked in Bulgaria from 18 January 1957 until 31 May 1996, a period of over 39 years....

ECJ 5 November 2014, case&nbsp;C-103/13&nbsp;<i>(Snezhana Somova &ndash; v &ndash; Glaven director na Stolichno upravlenie &ldquo;Sotsialno osiguryavene&rdquo;)</i>

Ms Somova worked in Bulgaria from 18 January 1957 until 31 May 1996, a period of over 39 years....

2014/58 How far must legal expenses insurance companies go in covering legal fees? (NL)

Do so-called ‘UWV-proceedings’, in which an employer requests a dismissal permit in order to terminate the employment agreement by notice, qualify as administrative proceedings, as referred to in Article 4 of Council Directive 87/344/EEC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance?

2014/58 How far must legal expenses insurance companies go in covering legal fees? (NL)

Do so-called ‘UWV-proceedings’, in which an employer requests a dismissal permit in order to terminate the employment agreement by notice, qualify as administrative proceedings, as referred to in Article 4 of Council Directive 87/344/EEC of 22 June 1987 on the coordination of laws, regulations and administrative provisions relating to legal expenses insurance?

ECJ 18 September 2014, case C-549/13 (Bundesdruckerei GmbH - v -Stadt Dortmund), Miscellaneous, Public procurement

In May 2013, the City of Dortmund (the ‘contracting authority’ in this case) issued a...

<p>ECJ 18 September 2014, case C-549/13 (Bundesdruckerei GmbH - v -Stadt Dortmund), Miscellaneous, Public procurement</p>

In May 2013, the City of Dortmund (the ‘contracting authority’ in this case) issued a...

2014/47 Another case where terminated staff were awarded damages against their former employer’s shareholder (FR)

Liability in tort is an alternative way for redundant employees to seek damages from a parent company, even where that company has no ‘co-employment’ relationship.

2014/47 Another case where terminated staff were awarded damages against their former employer&rsquo;s shareholder (FR)

Liability in tort is an alternative way for redundant employees to seek damages from a parent company, even where that company has no ‘co-employment’ relationship.

ECJ 19 June 2014, case C-683/13 (Pharmacontinente-Saúde e Higiene S.A. and others – v – Autoridada Para As Condições do Trabalho), Miscellaneous, Data protection

These are materially identical to the facts, national proceedings and findings in the Worten...