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Summary

2009-03-18

2010/39: How to define "establishment" in collective redundancy directive (SP)

What is an establishment in the meaning of Directive 98/59 on collective redundancies? 

Tribunal Supremo de España (Spanish Supreme Court), 2009-03-18

Case report

2009-03-10

Italy

2010/53: How a "secondary insolvency" procedure can protect assets from a foreign receiver (IT)

Under EU Regulation 1346/2000 it is possible to open secondary insolvency proceedings even if the establishment situated in the State where the secondary proceedings are to be opened is the only one owned by the debtor subject to the main insolvency proceedings.

Court of Appeal of Turin, 2009-03-10

Summary

2009-03-10

2010/53: How a "secondary insolvency" procedure can protect assets from a foreign receiver (IT)

Under EU Regulation 1346/2000 it is possible to open secondary insolvency proceedings even if the establishment situated in the State where the secondary proceedings are to be opened is the only one owned by the debtor subject to the main insolvency proceedings.

Court of Appeal of Turin, 2009-03-10

Case report

2008-09-15

Greece

2011/12: Final word on the Goodyear case: Greek employees may rely on the Collective Redundancy Directive (GR)

Until 2007, Greek courts interpreted their domestic law by implementing the Directive on Collective Redundancies in such a way that it did not apply in the event that an employer completely terminates its activities. However, following a ruling by the ECJ, the Greek Supreme Court was compelled to adopt a different approach. As a result, an employer relying on the old case law fell victim to this change in interpretation.

Athens Court of Appeal, 2008-09-15

Summary

2008-09-15

2011/12: Final word on the Goodyear case: Greek employees may rely on the Collective Redundancy Directive (GR)

Until 2007, Greek courts interpreted their domestic law by implementing the Directive on Collective Redundancies in such a way that it did not apply in the event that an employer completely terminates its activities. However, following a ruling by the ECJ, the Greek Supreme Court was compelled to adopt a different approach. As a result, an employer relying on the old case law fell victim to this change in interpretation.

Athens Court of Appeal, 2008-09-15

Case report

2008-06-09

Greece

2010/46: Rules protecting pregnancy also apply after having stillborn baby (GR)

Prohibition against terminating the employment agreement of a pregnant woman even in the case of a stillborn child.

Aρειος Πάγος (Supreme Court), 2008-06-09

Summary

2008-06-09

2010/46: Rules protecting pregnancy also apply after having stillborn baby (GR)

Prohibition against terminating the employment agreement of a pregnant woman even in the case of a stillborn child.

Aρειος Πάγος (Supreme Court), 2008-06-09

Case report

2007-12-12

United Kingdom

2011/3: TUPE potentially applies to cross-border transfers (UK)

The United Kingdom legislation on transfer of undertakings (known as “TUPE”) has the potential to apply to a transfer outside the UK’s jurisdiction – and even beyond the European Union (EU).

Employment Appeal Tribunal, 2007-12-12

Summary

2007-12-12

2011/3: TUPE potentially applies to cross-border transfers (UK)

The United Kingdom legislation on transfer of undertakings (known as “TUPE”) has the potential to apply to a transfer outside the UK’s jurisdiction – and even beyond the European Union (EU).

Employment Appeal Tribunal, 2007-12-12

Case report

2007-07-07

Portugal

2010/49: A single act - here relocating an employee to another location in a factory - can constitute harassment (PT)

Harassment can occur as a result of one single action: it is enough that the situation is characterized by harassment features.

Tribunal da Relação do Porto (Court of Appeal, Porto) , 2007-07-07