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Newsletter

Number 16, 2019

Dear EELA Members,

We hope that you have had good summer holidays! After a short break, we are happy to resume our newsletter, so that you find your EU Employment Law update. Recent weeks have been quiet though, therefore there is relatively little to report. We are confident that we can compensate for this in the future.

Recent case law highlights

The ECJ has only delivered one relevant judgment, on social security. In case C-473/18 (Bundesagentur für Arbeit), it ruled on some technicalities in the interpretation of Decision H3 of the Administrative Commission (15 October 2009) concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of Regulation (EC) 987/2009 of the European Parliament. To determine the amount of a possible additional allowance to child benefits within the meaning of Article 68(2) of Regulation 883/2004, as amended by Regulation 988/2009, the fact that that child benefit was paid by a Swiss institution in Swiss francs does not influence the application and interpretation of Article 90 of Regulation 987/2009 and Decision H3 of the Administrative Commission for determining the conversion rates.

At this moment, there is no further information in English yet. We will update our website once this information becomes available. If you are already interested in this case, you can read the case on the ECJ’s website in another language through this link.

List of recent case law

  • Case C-473/18 (Bundesagentür fur Arbeit), 4 September 2019, social insurance: various technicalities.

EELC 2019 #4

While we are finalizing EELC’s third issue of the year, we also started preparing EELC’s last issue of the year. We are always open to contributions of our readers. We highly welcome any proposals on case reports. In fact, we are happy that some readers of this newsletter are actually preparing a case report!

If you are interested in writing a case report, we kindly invite you to contact us. Case reports are reports about judgments in EU Member States which are based on EU law or domestic law implementing EU law, particularly where the interpretation of EU law plays a role, so that they are of interest to employment law practitioners throughout the EU. To this end, they contain a summary of the case and a short commentary. Employment law practitioners from other EU jurisdictions are then invited to provide comments from their jurisdiction. Please click here for a recent example.

If you are interested in preparing a case report on an interesting case in your country, please let us know and send us an email at eelc@law.eur.nl and we are happy to provide you with instructions. The deadline for an offer is Thursday 12 September 2019, while the deadline for the first draft (after there has been a decision on the offer) is Thursday 19 September 2019.

EU News

  • On 1 August 2019, Directive 2019/1158 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (‘Work-Life Balance Directive) entered into force. A brief summary of the directive can be found here.
  • The European Commission has proposed for the European Globalisation Adjustment Fund (EGF) to be made available to support workers most affected by a Brexit ‘no-deal' scenario. More information can be found here.

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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,

4 September 2019,

Zef Even
Editor-in-chief EELC

Ruben Houweling
General editor Academic Board EELC

Jan-Pieter Vos
EELC Editor