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Case report

2011-02-17

Denmark

2011/29 Daughter’s disorder not “force majeure” (DE)

Long-term sickness of an employee’s family member, however serious, does not qualify as force majeure in the meaning of the Danish law implementing the Framework Agreement on Parental Leave.

Højesteret (Danish Supreme Court), 2011-02-17

Summary

2011-02-17

2011/29 Daughter’s disorder not “force majeure” (DE)

Long-term sickness of an employee’s family member, however serious, does not qualify as force majeure in the meaning of the Danish law implementing the Framework Agreement on Parental Leave.

Højesteret (Danish Supreme Court), 2011-02-17

Case report

2010-12-15

Latvia

2011/49 Creative interpretation of law on compensating forced absence from work in light of EU principles (LT)

If an employee has been reinstated at work by a court judgment, compensation for forced absence from work cannot be calculated differently as a result of the fact that before the dismissal the employee did not actually perform his or her work.

Latvijas Republikas Augstākās tiesas Civillietu departaments (Supreme Court of the Republic of Latvia, civil section), 2010-12-15

Summary

2010-12-15

2011/49 Creative interpretation of law on compensating forced absence from work in light of EU principles (LT)

If an employee has been reinstated at work by a court judgment, compensation for forced absence from work cannot be calculated differently as a result of the fact that before the dismissal the employee did not actually perform his or her work.

Latvijas Republikas Augstākās tiesas Civillietu departaments (Supreme Court of the Republic of Latvia, civil section), 2010-12-15

Court watch

2010-10-21

ECJ 21 October 2010, case C-227/09 (Antonino Accardo and others – v – Comune di Torino), Working time

The fact that a profession is not listed in Article 17(2) of the Directive does not mean that it may not be covered by the derogation provided in Article 17(3). In circumstances such as those in the case of Mr Accardo, the optional derogations provided in Article 17 of the Directive cannot be relied on against Accardo at all. They cannot be interpreted as permitting or precluding the application of collective agreements such as the one in question, since whether such collective agreements apply is a matter for domestic law.

European Court of Justice (ECJ), 2010-10-21

Summary

2010-10-21

ECJ 21 October 2010, case C-227/09 (Antonino Accardo and others – v – Comune di Torino), Working time

The fact that a profession is not listed in Article 17(2) of the Directive does not mean that it may not be covered by the derogation provided in Article 17(3). In circumstances such as those in the case of Mr Accardo, the optional derogations provided in Article 17 of the Directive cannot be relied on against Accardo at all. They cannot be interpreted as permitting or precluding the application of collective agreements such as the one in question, since whether such collective agreements apply is a matter for domestic law.

European Court of Justice (ECJ), 2010-10-21

Case report

2010-10-14

Europe

ECJ 14 October 2010, case C-243/09 (Günter Fuss – v – Stadt Halle), Working time

Article 6 of Directive 2003/88 precludes national rules, which allow a public-sector employer to transfer a worker compulsorily to another service on the ground that the worker has requested compliance with that provision, even if he or she suffers no specific detriment other than that resulting from the infringement of that provision.

European Court of Justice (ECJ), 2010-10-14

Summary

2010-10-14

ECJ 14 October 2010, case C-243/09 (Günter Fuss – v – Stadt Halle), Working time

Article 6 of Directive 2003/88 precludes national rules, which allow a public-sector employer to transfer a worker compulsorily to another service on the ground that the worker has requested compliance with that provision, even if he or she suffers no specific detriment other than that resulting from the infringement of that provision.

European Court of Justice (ECJ), 2010-10-14

Court watch

2010-10-14

ECJ 14 October 2010, case C-428/09 (Union Syndicale Solidaires Isère – v – Premier Ministre), Working time

Persons employed under an educational commitment contract fall within the scope of the derogation in Article 17(3)(b) and/or (c) of the Directive, but the French legislation at issue fails to afford them appropriate protection and is, therefore, not compatible with the Directive.

European Court of Justice (ECJ), 2010-10-14

Summary

2010-10-14

ECJ 14 October 2010, case C-428/09 (Union Syndicale Solidaires Isère – v – Premier Ministre), Working time

Persons employed under an educational commitment contract fall within the scope of the derogation in Article 17(3)(b) and/or (c) of the Directive, but the French legislation at issue fails to afford them appropriate protection and is, therefore, not compatible with the Directive.

European Court of Justice (ECJ), 2010-10-14