2017/12 Court of Appeal rejects argument that Christmas strikes are unlawful under EU law (UK)

The Court of Appeal has confirmed that industrial action called with the object or purpose of infringing the cross-border freedom to establish and receive services would be unlawful. It rejected the argument that industrial action would be unlawful if it made it unattractive for foreign companies to operate in the UK or if cross-border services might potentially be disrupted. These wider tests would be inconsistent with European case law on the Treaty on the Functioning of the European Union (‘TFEU’) and would be incompatible with proper protection of the right to strike.

ECJ 18 June 2015, case C-586/13 (Martin Meat kft – v – Géza Simonfay, Ulrich Salburg), Free movement

In 2007, the Austrian meat packing company Alpenrind concluded a contract with the Hungarian...

<strong>ECJ 18 June 2015, case C-586/13&nbsp;(Martin Meat kft &ndash; v &ndash; G&eacute;za Simonfay, Ulrich Salburg), Free movement</strong>

In 2007, the Austrian meat packing company Alpenrind concluded a contract with the Hungarian...

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...

ECJ (Grand Chamber) 16 April 2013, case C-202/11 (Anton Las - v - PSA Antwerp NV), Other forms of free movement

Mr Las, a Dutch national, was employed as Chief Financial Officer by PSA Antwerp, a Belgian...

ECJ (Grand Chamber) 16 April 2013, case C-202/11 (Anton Las - v - PSA Antwerp NV), Other forms of free movement

Mr Las, a Dutch national, was employed as Chief Financial Officer by PSA Antwerp, a Belgian...

2013/19 Employee with foreign disability certificate cannot claim Austrian disability dismissal protection (AT)

A worker with a German disability certificate was unable to claim the dismissal protection he would have had under Austrian law had he had an Austrian certificate, even though the criteria for being awarded disability status are similar in both countries.

2013/19 Employee with foreign disability certificate cannot claim Austrian disability dismissal protection (AT)

A worker with a German disability certificate was unable to claim the dismissal protection he would have had under Austrian law had he had an Austrian certificate, even though the criteria for being awarded disability status are similar in both countries.

ECJ 25 October 2012, case C-367/11 (Déborah Prete - v - Office national de l’emploi), Other forms of free movement

Belgian legislation provides for the grant of an allowance known as a “tide-over...