Welcome to the EELA EELC Updates, an online database of judgments of national courts, the European Court of Justice and the European Court of Human Rights in the field of employment law. In addition to case law, we also bring you the occasional articles and news items. For more information, please click here.
ECJ 17 December 2020, case C-218/19 (Onofrei), Free Movement, Work PermitAdina Onofrei – v – Conseil de l’ordre des avocats au barreau de Paris, Bâtonnier de l’ordre des avocats au barreau de Paris, Procureur général près la cour d’appel de Paris, French case
2020/48 Norwegian parental benefits provisions disadvantaging men found outside the scope of Equal Treatment Directive (NO)On 13 December 2019 the European Free Trade Association (EFTA) Court held that a national provision that renders a father’s entitlement to parental benefits during a shared period of leave dependent on the mother’s situation, but not vice versa, fell outside the scope of Directive 2006/54/EC (the Equal Treatment Directive) since it did not concern “employment and working conditions” within the meaning of Article 14(1)(c) of that Directive. The action brought by the EFTA Surveillance Authority (ESA) was thus dismissed. The Court consequently did not consider whether the Norwegian rules amounted to unlawful discrimination under the Directive. Furthermore, no assessment was made as to the potential breach with the general principle of equality of gender under EEA law, as this had not been pleaded by ESA.
ECJ 1 December 2020, Case C-815/18 (Federatie Nederlandse Vakbeweging), Applicable Law, Posting of Workers and ExpatriatesFederatie Nederlandse Vakbeweging - v - Van den Bosch Transporten BV, Van den Bosch Transporte GmbH, Silo-Tank Kft, Dutch case