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.

ECJ 21 February 2018, case C-518/15 (Matzak), Working time

The stand-by time of a volunteer firefighter at home who is obliged to respond to calls from his employer within eight minutes, must be regarded as ‘working time’.

EJC 7 September 2017, case C-174/16 (H), Maternity and parental leave, Gender discrimination

Clause 5(1) and (2) of the revised Framework Agreement on parental leave precludes rules of national law which make promotion conditional on having successfully completed a probation, if probation has not taken place because of parental leave.

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.

ECJ 21 February 2018, case C-518/15 (Matzak), Working time

The stand-by time of a volunteer firefighter at home who is obliged to respond to calls from his employer within eight minutes, must be regarded as ‘working time’.

EJC 7 September 2017, case C-174/16 (H), Maternity and parental leave, Gender discrimination

Clause 5(1) and (2) of the revised Framework Agreement on parental leave precludes rules of national law which make promotion conditional on having successfully completed a probation, if probation has not taken place because of parental leave.

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.