[Subject of email: EELC Newsletter 2019 #7]

Dear EELA members,

We hope that you are well! Please find your bi-weekly update on European employment law.

The past few weeks have been relatively quiet when it comes down to ECJ-rulings or EU-law. Still, this does not mean that there are no developments at all.

Case law highlight

Case C-377/16 (EP Drivers) discussed the language requirements in the selection procedures of the European Parliament (EP). The job application form was only available in English, French and German. Also, one of the job requirements was that applicants had to speak at least two of the EU’s languages, one of them being English, French or German. According to the ECJ, the application form only being available in these three languages – without making clear that it was also possible to fill in the form using another language – disadvantaged candidates speaking other languages, because they had not been able to fill out the forms in the best way they could. This constituted a difference in treatment. As the EP had not provided an objective and reasonable justification by a legitimate objective of general interest, the ECJ held that the EP had not justified the choice for communication languages.

Moreover, the ECJ also found the restriction of the second language to English, French or German illegitimate. Such restriction is only possible when there is a legitimate objective of general interest. While the institutions enjoy a wide discretion in this regard, they still must demonstrate that such restriction is indeed appropriate for its purpose. It must also be proportionate to the interest at issue and be based on clear, objective and predictable criteria. As the EP had not demonstrated why language skills are essential for drivers, the restriction was not legitimate.

In case C-621/16 P, a similar requirement by the European Commission found the same fate.

List of recent case law

• CaseC-377/16 (EP Drivers): restriction of second language in a job application procedure to English, French and German in selection procedure is invalid.
• CaseC-621/16 P (European Commission / Italian Republic): restriction of second language in a job application procedure to English, French and German found invalid.

Other employment law related news

• There have been many Brexit developments since our last newsletter. So far, the UK House of Commons have rejected all submitted options on how to proceed. Meanwhile, the EU has set a deadline so that the Brexit will take place on 12 April 2019, if the UK has by then not accepted the Withdrawal Agreement. If the Withdrawal Agreement will be accepted, Brexit will take place on 22 May 2019.
• Meanwhile, the EU has completed preparations for the “no deal” scenario. Regarding Social security entitlements, the directorate Employment, Social Affairs and Inclusion has stated: “The entitlements (such as periods of insurance, (self) employment or residence in the United Kingdom before withdrawal) of those people who exercised their right to free movement before the UK's withdrawal are safeguarded.” Click here for the press release, including links to various factsheets and sector-specific issues.

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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,

3 April 2019,

Zef Even
Editor-in-chief EELC

Ruben Houweling
General editor Academic Board EELC