European Employment Law Cases (EELC)

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Why you should read EELC according to our readers:

"An intrepid move to assist practitioners in the employment law arena around Europe in finding information on employment law cases decided in the various European countries. The EELC concept really adds value. Finally, employment law goes transnational." Prof. mr. Leonard G. Verburg, Radboud University Nijmegen, partner Allen & Overy Amsterdam

“Lawyers are often unaware of how courts in other jurisdictions interpret and apply legal doctrines in the area of employment law. This is a missed opportunity because interpretations in one jurisdiction may be useful to other jurisdictions as well. After all, the same European Directives must be applied. EELC is also useful to judges because they can they can follow the same line of thought" Mr. Gerrard Boot, Judge in Amsterdam

The European Employment Lawyers Association (EELA) is convinced there's a need for a magazine like EELC. She therefore supports the initiative.

Table of contents edition 2009/1

to see a short description of the contentparts go to the tab "Archives"

Transfer of undertaking
2009/20 : No redundancy pay for employee refusing to transfer despite unchanged terms. (IR)

2009/21 : Transferee liable to employee refusing to transfer on inferior terms. (FI)

2009/22   : Collective agreement may not expand scope of Acquired Rights Directive. (BE)

2009/23   : Agreement to let employee stay with transferor effective. (NL)

Discrimination
2009/24   : Length of service valid criterion for redundancy selection. (UK)

2009/25   : Refusing to shake hands with opposite sex valid ground for dismissal. (NL)

2009/26   : HIV infection lawful reason for dismissal. (GR)

2009/27   : Discriminatory rejection of job applicant who would have been turned down anyhow. (AU)

2009/28   : How to compensate discriminatory rejection of job application? (HU)

2009/29   : Directive on equal treatment in social security applied directly. (PL)

2009/30   : Anti-discrimination rules also apply to trial period termination. (CZ)

Collective issues
2009/31   : Relating pay in lieu of notice to last-earned salary can be discriminatory.(BE)

2009/32   : "Flashmob" legitimate form of industrial action. (DE)

2009/33   : Choice of law clause agreed to under pressure of strike valid. (SE)

2009/34   : Flaw in consultation process need not invalidate collective dismissal (IT)

Sundry
2009/35   : Holiday rights continue to accrue during sickness. (UK)

2009/36   : Sick employees do not lose all holiday rights. (DE)

2009/37   : Participants in TV show deemed "employees" (FR)

2009/38   : Harassed worker must also sue harassor personally. (SP)

2000/39 : Court defines "moral harassment". (LU)

2009/40 : Private email sent from work cannot be used against employee. (P)

ECJ Court Watch
Opinion of Adv. Gen. Mazák , 31 March 2009 Case-C-269/07 (Commission - v - Germany)

ECJ 7 May 2009 , Case C-553/07 (Rijkeboer) (Netherlands)

Opinion of Adv. -Gen. Kokott , 14 May 2009, Case C-116/08 (Meerts -v - Proost) (Belgium)

ECJ 4 June 2009 , Cases C-22/08 and C-23/08 (Vatsouras and Koupatantze - v - ARGE) (Germany)

ECJ 11 June 2009 , Case C-561/07 (Commission - v - Italy)

ECJ 18 June 2009 , Case C-88/08 (Hütter -v - Graz Technical University) (Austria)

Opinion of Adv. -Gen. Bot   , 7 July 2009, Case C-555/07 (Kücükdeveci - v - Swedex) (Germany)

ECJ 16 July 2009 , Case C-12/08 (Mono Car - v - Odemis) (Belgium)

Opinion of Adv.-Gen. Sharpston , 16 July 2009, Case C-325/08 (Olympique Lyonnais - v - Olivier Bernard and Newcastle. United) (France)

ECJ 16 July 2009 , Case C-69/09 (Visciano - v - INPS) (Italy)

ECJ 16 July 2009 (Spain) , Case C-537/07 (Gómez - v - INS) (Spain)

Opinion of Adv. Gen. Mengozzi , 16 July 2009, Case C-323/08 (Mayor - v - Heras Dávilla) (Spain)