AB Insight: Reasonable accommodation requires reassignment

ECJ 19 May 2022, case C-33/21 (Ryanair DAC), Social Insurance

Flight and cabin crew not covered by E101 certificates who work for 45 minutes per day in an airline’s premises intended to be used by staff located at Bergamo airport and who are on board that airline’s aircraft the rest of the time, are subject to Italian social security legislation.

ECJ 5 May 2022, case C-54/20 P (Commission v Missir Mamachi di Lusignano and Others), Miscellaneous

European Commission - v - Stefano Missir Mamachi di Lusignano, Maria Letizia Missir Mamachi di Lusignano and Others

EELC Academic Board Review 2021: Private international law

ECJ 5 May 2022, case C-54/20 P (Commission v Missir Mamachi di Lusignano and Others), Miscellaneous

European Commission - v - Stefano Missir Mamachi di Lusignano, Maria Letizia Missir Mamachi di Lusignano and Others

ECJ 5 May 2022, case C-405/20 (BVAEB), Gender Discrimination, Pension

EB, JS, DP - v - Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB), Austrian case

2022/3 Liability for late implementation of EU law following ruling from the ECJ (DK)

The Danish Ministry of Employment has been held liable for a protracted legislative process following the ECJ’s ruling in the Ole Andersen case (C-499/08), which concluded that the Salaried Employees Act was not compliant with Directive 2000/78/EC concerning equal treatment in employment and occupation (prohibition of discrimination on grounds of age).

ECJ 5 May 2022, case C-405/20 (BVAEB), Gender Discrimination, Pension

EB, JS, DP - v - Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB), Austrian case

2022/3 Liability for late implementation of EU law following ruling from the ECJ (DK)

The Danish Ministry of Employment has been held liable for a protracted legislative process following the ECJ’s ruling in the Ole Andersen case (C-499/08), which concluded that the Salaried Employees Act was not compliant with Directive 2000/78/EC concerning equal treatment in employment and occupation (prohibition of discrimination on grounds of age).

2022/2 Unions have no veto over employer negotiations with staff (UK)

The Supreme Court has confirmed that recognised trade unions do not have a veto over employers making direct offers to their members to change terms and conditions of employment. Employers must, however, follow and exhaust the collective bargaining processes with their recognised unions before they may make direct offers with a view to resolving an impasse that has arisen.