Dear EELA Members,

We hope that you are well! Please find your EU Employment Law update.

The ECJ has been quiet. In the last two weeks, no employment law case was delivered, apart from one case on free movement of workers. We can present a few interesting case reports of EELC’s next issue! There also is some other EU employment law related news as well.

Recent case law highlights

CaseC-410/18 (Aubriet) concerns the Regulation 492/2011 on freedom of movement for workers within the Union. The question was whether Mr Aubriet was entitled to financial aid for higher education in Luxembourg, where his father was a migrant worker who lived in France, but had worked in Luxembourg for a long time over the past decades. The Luxembourgish law at this point had been changed following the Giersch judgment (C-20/12), but was challenged again as Mr Aubriet claimed that the newly introduced provision, which required that his father should have worked in Luxembourg for five out of the last seven years, was indirectly discriminatory. The ECJ held that the requirement was indeed indirectly discriminatory, as it did not acknowledge Mr Aubriet’s fathers’ long-lasting connection with the Luxembourgish labour market in an appropriate way. The provision therefore was unnecessary and in breach of Article 7(2) of Regulation 492/2011.

List of recent case law

• Case C-410/18 (Aubriet), 10 July 2019, free movement: Requirement for granting financial aid for higher education found indirectly discriminatory.

EELC 2019 #2

Within a few weeks, EELC’s second issue of 2019 will be released. Those of you with a printed subscription should find the magazine in their mailbox within a few weeks. In the coming weeks, however, we will release some of the case reports.

This week, we release the following case reports:

• 2019/13 – A long-term functional impairment? (DK) – Christian K. Clasen, Norrbom Vinding. An employee’s functional impairment, which at the time of dismissal lasted already 11 months and with an uncertain prognosis, was not deemed a long-term one. For that reason, the Danish Western High Court found that the employee was not disabled within the meaning of the Anti-Discrimination Act or Directive 2000/78.
• 2019/24 – Court of Appeal rejects Uber’s worker status appeal (UK) – Jemma Thomas, Lewis Silkin. Following an appeal by Uber against the Employment Appeal Tribunal’s (EAT) finding last year, in which was ruled that drivers engaged by Uber are ‘workers’ rather than independent contractors, the Court of Appeal (CA) has now upheld that EAT’s decision.

EU News

• The EC launched the website of the European Labour Authority, as well as recruitment for the latter’s staff. Please click here for more information, and here for the vacancies.
• The EC released flash reports about recent social policy developments in Greece, Kosovo, Montenegro, Poland and Sweden. You can find them here.
• Brexit news: the elections for the new leader of the Conservative Party and Prime Minister of the United Kingdom are in process. Two candidates remain, Mr Boris Johnson and Mr Jeremy Hunt. The outcome of the election is expected to be announced on 23 July 2019.

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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,

11 July 2019,

Zef Even
Editor-in-chief EELC

Ruben Houweling
General editor Academic Board EELC

Jan-Pieter Vos
EELC Editor