ECJ 18 March 2011, case C-273/10 (David Montoya Medina – v – Fondo de Garantía Salarial and Universidad de Alicante), Fixed-term work

Clause 4(1) of the Framework Agreement must be interpreted as precluding national legislation which, absent objective justification, reserves the right to trienios to professors with a permanent contract.

2011/40 Is 37 too old to become a judge? (GR)

The provision of Greek law that candidates for a position as a judge must be aged under 35 (County Courts) or 40 (all other courts) is age discriminatory but objectively justified.

2011/40 Is 37 too old to become a judge? (GR)

The provision of Greek law that candidates for a position as a judge must be aged under 35 (County Courts) or 40 (all other courts) is age discriminatory but objectively justified.

ECJ 15 March 2011 (Grand Chamber), case C-29/10 (Heiko Koelzsch – v – Luxembourg), Applicable law

Article 6(2)(a) of the Rome Convention means that, in a situation in which an employee works in more than one EU country, the country in which he or she habitually carries out work is that in which or from which he or she performs the greater part of his or her duties towards the employer. Note: Case C-230/10 (Saenz Morales) was withdrawn on 3 February 2001.

ECJ 15 March 2011 (Grand Chamber), case C-29/10 (Heiko Koelzsch – v – Luxembourg), Applicable law

Article 6(2)(a) of the Rome Convention means that, in a situation in which an employee works in more than one EU country, the country in which he or she habitually carries out work is that in which or from which he or she performs the greater part of his or her duties towards the employer. Note: Case C-230/10 (Saenz Morales) was withdrawn on 3 February 2001.

2011/59: Employer must consider employee’s personal circumstances (SP)

An employer’s refusal to grant an employee’s request for a change in his working hours in order to achieve a better work-life balance must take into account the decision’s impact on the employee’s family. Failure to do so may amount to discrimination.

2011/59: Employer must consider employee’s personal circumstances (SP)

An employer’s refusal to grant an employee’s request for a change in his working hours in order to achieve a better work-life balance must take into account the decision’s impact on the employee’s family. Failure to do so may amount to discrimination.

ECJ 10 March 2011, case C-477/09 (Charles Defossez - v – Christian Wart, in his capacity as liquidator of Sotimon Sarl and others), Insolvency

Article 3 of Directive 80/987 in the pre-Directive 2002/74 version is to be interpreted as meaning that, for the payment of the outstanding claims of workers having been habitually employed in a Member State other than that where their employer was established, where the employer was declared insolvent before 8 October 2005 and that employer is not established in that other Member State and fulfils its obligation to contribute to the financing of the guarantee institution in the Member State where it is established, that institution will be liable. However, Member States may allow employees to claim under a more favourable regime.

ECJ 10 March 2011, case C-477/09 (Charles Defossez - v – Christian Wart, in his capacity as liquidator of Sotimon Sarl and others), Insolvency

Article 3 of Directive 80/987 in the pre-Directive 2002/74 version is to be interpreted as meaning that, for the payment of the outstanding claims of workers having been habitually employed in a Member State other than that where their employer was established, where the employer was declared insolvent before 8 October 2005 and that employer is not established in that other Member State and fulfils its obligation to contribute to the financing of the guarantee institution in the Member State where it is established, that institution will be liable. However, Member States may allow employees to claim under a more favourable regime.

ECJ 10 March 2011, case C-379/09 (Maurits Casteels – v – British Airways plc), Collective agreements, Others forms of free movement

Article 48 TFEU has no horizontal direct effect. 

Article 45 TFEU precludes, in the context of the mandatory application of a collective labour agreement and for the determination of entitlement to pension benefits (i) non-inclusion of service years in different Member States and (ii) treating transfer to another Member State as leaving the employer.