ECJ 5 June 2018, C-574/16 (Grupo Norte), Fixed-term work

Differences in compensation at the end of employment between fixed-term and permanent workers is found non-discriminatory, as the different types of compensation meet different objectives.

Grupo Norte Facility SA – v – Angel Manuel Moreira Gómez, Spanish case

ECJ 20 December 2017, case C-102/16 (Vaditrans), Working time

Regulation 561/2006 prohibits lorry drivers from taking their regular weekly rest periods in a vehicle.

ECJ 6 February 2018, C-359/16 (Altun), Free movement, Social insurance

A Member State to which workers have been posted may, in the case of fraud and under certain conditions, ask the courts to disregard an A1 certificate and apply its own social security legislation, including the recovery of contributions.

ECJ 20 December 2017, case C-102/16 (Vaditrans), Working time

Regulation 561/2006 prohibits lorry drivers from taking their regular weekly rest periods in a vehicle.

ECJ 6 February 2018, C-359/16 (Altun), Free movement, Social insurance

A Member State to which workers have been posted may, in the case of fraud and under certain conditions, ask the courts to disregard an A1 certificate and apply its own social security legislation, including the recovery of contributions.

Case C-551/16. Free movement, Social insurance

J. Klein Schiphorst – v – Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen, reference lodged by the Dutch Centrale Raad van Beroep on 31 October 2017

ECJ 9 November 2017, case C-98/15 (Espadas Recio), Part-time work

While a provision that treats the unemployment benefits of vertical part-time workers unfavourably compared to full-time workers falls outside the scope of the Framework Agreement on part-time work, such a benefit scheme may still violate the principle of equal treatment of men and women, for example, if it is indirectly discriminatory towards women.

ECJ 29 November 2017, case C-214/16 (Conley King), Paid leave

The Working Time Directive precludes provisions that establish the right to be paid only after leave has been taken. Further, the right to paid leave (or a corresponding payment at the end of the employment relationship) cannot lapse if the employee has been deterred from taking the leave.

ECJ 5 July 2017, case C-190/16 (Fries), Age discrimination

The non-discrimination principle and the freedom of occupation, as provided for in the Charter of Fundamental Rights of the European Union, do not prevent the EU from setting an age limit for pilots involved in commercial air transport, provided that this is done in accordance with Article 52(1) of the Charter.

ECJ 25 October 2017, case C-106/16 (Polbud), Miscellaneous

Member States may not impose mandatory liquidation on companies that wish to transfer their registered office to another Member State. A restriction on freedom of establishment may be justified by overriding reasons in the public interest, such as the protection of the interests of creditors, minority shareholders and employees, but a general mandatory liquidation goes beyond what is necessary to achieve the objective of protecting these interests.