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Summary

2018-06-05

ECJ 20 December 2017, case C-158/16 (Vega González), Fixed-term work, Other forms of discrimination

A fixed-term worker elected to a parliamentary role must be able to benefit from the same special leave granted to a permanent civil servant, to enable them to hold a public office.

European Court of Justice (ECJ), 2017-12-20

Court watch

2018-06-05

Pending

Case C-527/16. Free movement, Social insurance

Salzburger Gebietskrankenkasse, Bundesminister für Arbeit, Soziales und Konsumentenschutz – v – Alpenrind GmbH and Others, reference lodged by the Austrian Verwaltungsgerichtshof on 14 October 2017

European Court of Justice (ECJ), 2017-10-14

Court watch

2018-06-05

Ruling

ECJ 28 February 2018, case C-46/17 (John), Fixed-term work

The Framework Agreement on fixed-term work and the Equal Treatment (Framework) Directive do not forbid a provision that allows parties to postpone the operation of a retirement age clause in employment periods for fixed time, even if this means that they can be extended infinitely.

European Court of Justice (ECJ), 2018-02-28

Court watch

2018-06-05

Ruling

ECJ 18 October 2017, case C-409/16 (Kalliri), Gender discrimination

The competition notice for enrolment in Greek police schools requires applicants, whichever their gender, to be at least 1.70m in height. This disadvantages a far greater number of women than men and does not appear either appropriate or necessary to achieve the legitimate objective it pursues.

European Court of Justice (ECJ), 2017-10-18

Court watch

2018-06-05

Ruling

ECJ 19 October 2017, case C-200/16 (Securitas), Transfer of undertaking, Transfer

If a company terminates its contract with one business for the provision of security guard services at its facilities and then makes a new contract for the supply of the same services with another business – but that second business refuses to take on the employees of the first – the situation may be an transfer of an undertaking if the equipment essential to the performance of those services has been taken over by the second business. Further, under the Acquired Rights Directive Member States must ensure that if a business loses a service contract to another operator, this can be treated as a transfer.

European Court of Justice (ECJ), 2017-10-19

Summary

2018-06-05

Case C-527/16. Free movement, Social insurance

Salzburger Gebietskrankenkasse, Bundesminister für Arbeit, Soziales und Konsumentenschutz – v – Alpenrind GmbH and Others, reference lodged by the Austrian Verwaltungsgerichtshof on 14 October 2017

European Court of Justice (ECJ), 2017-10-14

Summary

2018-06-05

ECJ 28 February 2018, case C-46/17 (John), Fixed-term work

The Framework Agreement on fixed-term work and the Equal Treatment (Framework) Directive do not forbid a provision that allows parties to postpone the operation of a retirement age clause in employment periods for fixed time, even if this means that they can be extended infinitely.

European Court of Justice (ECJ), 2018-02-28

Summary

2018-06-05

ECJ 18 October 2017, case C-409/16 (Kalliri), Gender discrimination

The competition notice for enrolment in Greek police schools requires applicants, whichever their gender, to be at least 1.70m in height. This disadvantages a far greater number of women than men and does not appear either appropriate or necessary to achieve the legitimate objective it pursues.

European Court of Justice (ECJ), 2017-10-18

Summary

2018-06-05

ECJ 19 October 2017, case C-200/16 (Securitas), Transfer of undertaking, Transfer

If a company terminates its contract with one business for the provision of security guard services at its facilities and then makes a new contract for the supply of the same services with another business – but that second business refuses to take on the employees of the first – the situation may be an transfer of an undertaking if the equipment essential to the performance of those services has been taken over by the second business. Further, under the Acquired Rights Directive Member States must ensure that if a business loses a service contract to another operator, this can be treated as a transfer.

European Court of Justice (ECJ), 2017-10-19

Case report

2018-06-05

Europe

ECJ 20 December 2017, case C-103/16 (Porras Guisado), Unfair dismissal, Collective redundancies

Directive 92/85 does not preclude national legislation that allows an employer to dismiss a pregnant worker in the context of a collective redundancy.

European Court of Justice (ECJ), 2017-12-20