Dear EELA Members, 

We hope that you are well! Also in 2019, we will update you on EU Employment Law developments on a bi-weekly basis. As many institutions have enjoyed a well-deserved Christmas break, this time there are not many developments to inform you about. We have the following to report.

Recent case law highlight

So far, in 2019, the ECJ only delivered one judgment. In the case E.B. it had to deal with several technical issues, arising from a pension reduction in 1975 (by way of a sanction), which now would be discriminatory (homosexual misconduct was sanctioned more heavily than heterosexual or lesbian misconduct). The ECJ held that Framework Directive 2000/78/EC only applies after the expiry of the time limit of transposition (3 December 2003). In such a situation, the national court must review the sanction (i.e. the pension reduction) not in full, but only from that date.

List of recent case law

• Case C‑258/17 (B.): Article 2 of Council Directive 2000/78/EC applies after the expiry of the ultimate transposition date to the future effects of a final disciplinary decision, adopted before the entry into force of that directive. In such a situation, the national court must review, with respect to the period starting on 3 December 2003, not the final disciplinary decision ordering the early retirement of the civil servant concerned, but the reduction in his pension entitlement, in order to calculate the amount he would have received in the absence of any discrimination on the ground of sexual orientation.

EU employment law news

Despite the letter from the President of the European Council (Mr Tusk) and the President of the European Commission (Mr Juncker) to Prime Minister of the United Kingdom Mrs May, on Tuesday 15 January 2019 the UK House of Commons have voted against the Withdrawal Agreement. On the same evening, President Juncker released a statement on the outcome, announcing that the EU will continue the ratification process of the Withdrawal Agreement: “I urge the United Kingdom to clarify its intentions as soon as possible. Time is almost up.”

Login information

Please find the login information for your convenience:

Website: www.eelc-online.com
Username: guest
Password: welcome-eelc

Concluding remarks

We hope that you appreciate this newsletter to keep you up to date on EU employment law developments. Once again, if you have suggestions or requests regarding this newsletter, please send an email to eelc@law.eur.nl!

Best regards,

16 January 2019,

Zef Even
Editor-in-chief EELC

Ruben Houweling
General editor Academic Board EELC