ECJ 27 April 2017, case C-680/15 (Asklepios Kliniken), Transfer of undertakings

‘Dynamic’ referral clauses have effect after the transfer of an undertaking, if national law provides for the possibility for the transferee to make changes both consensually and unilaterally.

ECJ (Grand Chamber) 14 March 2017, case C-188/15 (Bougnaoui), Religious discrimination

The concept of a ‘genuine and determining occupational requirement’ within the meaning of Article 4 of Directive 2000/78 does not cover subjective considerations, such as the willingness of an employer to take account of customers’ wishes.

ECJ (Grand Chamber) 14 March 2017, case C-188/15 (Bougnaoui), Religious discrimination

The concept of a ‘genuine and determining occupational requirement’ within the meaning of Article 4 of Directive 2000/78 does not cover subjective considerations, such as the willingness of an employer to take account of customers’ wishes.

ECJ 2 March 2017, case C-496/15 (Eschenbrenner), Freedom of movement

A frontier worker who claimed insolvency benefit was offered a smaller amount that he would...

ECJ 27 April 2017, C-620/15 (A-Rosa Flussschiff), Free movement, social insurance

An E101 certificate, issued by the institution designated by the competent authority of a Member State under Article 14(2)(a) of Regulation No 1408/71, is binding on both the social security institutions of the Member State in which the work is carried out and the courts of that Member State – even when it is found by those courts that the conditions under which the workers carried out their activities did not fall within the scope of the provisions of Regulation no 1408/71.

ECJ 2 March 2017, case C-496/15 (Eschenbrenner), Freedom of movement

A frontier worker who claimed insolvency benefit was offered a smaller amount that he would...

ECJ 27 April 2017, C-620/15 (A-Rosa Flussschiff), Free movement, social insurance

An E101 certificate, issued by the institution designated by the competent authority of a Member State under Article 14(2)(a) of Regulation No 1408/71, is binding on both the social security institutions of the Member State in which the work is carried out and the courts of that Member State – even when it is found by those courts that the conditions under which the workers carried out their activities did not fall within the scope of the provisions of Regulation no 1408/71.

ECJ 15 December 2016, joined cases C-401/15 to C-403/15 (Depesme), Free movement, social insurance

These cases concern the refusal by Luxembourg to grant financial aid to students studying in Luxembourg whilst living in France or Belgium, when they would be entitled to such aid under Regulation 492/2011 on free movement (pursuant to Article 45 TFEU), based on their family circumstances, were it not that the person employed in Luxembourg was not their father but their stepfather. The ECJ found in favour of the students.

ECJ 24 November 2016, case C-443/15 (Parris), Sex discrimination

The ECJ found that a gay lecturer was not unlawfully discriminated against under an occupational pension scheme that did not entitle those over a certain age or sexual orientation to claim a survivor’s benefit for their (same-sex) civil partner or spouse.

ECJ 15 December 2016, joined cases C-401/15 to C-403/15 (Depesme), Free movement, social insurance

These cases concern the refusal by Luxembourg to grant financial aid to students studying in Luxembourg whilst living in France or Belgium, when they would be entitled to such aid under Regulation 492/2011 on free movement (pursuant to Article 45 TFEU), based on their family circumstances, were it not that the person employed in Luxembourg was not their father but their stepfather. The ECJ found in favour of the students.