2015/5 Supreme Court reverses doctrine on cadre/non-cadre discrimination (FR)

Different treatment in terms of benefits amongst different categories of employees, set by company or collective bargaining agreements and negotiated with representative trade unions, is presumed to be justified.

2015/5 Supreme Court reverses doctrine on cadre/non-cadre discrimination (FR)

Different treatment in terms of benefits amongst different categories of employees, set by company or collective bargaining agreements and negotiated with representative trade unions, is presumed to be justified.

ECJ 4 December 2014, case C-413/13 (FNV Kunsten Informatie en Media – v – Staat der Nederlanden), Collective agreements, Social dumping

FNV is an association of employees, i.e. a union. Together with an association of self-employed...

ECJ 4 December 2014, case C-413/13 (FNV Kunsten Informatie en Media – v – Staat der Nederlanden), Collective agreements, Social dumping

FNV is an association of employees, i.e. a union. Together with an association of self-employed...

ECJ 11 September 2014, case C-328/13 (Österreichischer Gewerkschaftsbund - v - Wirtschaftskammer Österreich - Fachverband Autobus-, Luftfahrt- und Schifffahrtsunternehmungen), Collective agreements, Transfer of undertakings

A union and an employers’ association had entered into a collective agreement for a group...

ECJ 11 September 2014, case C-328/13 (Österreichischer Gewerkschaftsbund - v - Wirtschaftskammer Österreich - Fachverband Autobus-, Luftfahrt- und Schifffahrtsunternehmungen), Collective agreements, Transfer of undertakings

A union and an employers’ association had entered into a collective agreement for a group...

2011/9: Collective agreement that sets minimum fee for self-employed workers violates anti-trust law (NL)

Agreements restricting competition are covered by the anti-trust rules under Article 81 of the EC Treaty (now Article 101 of the TFEU) unless they meet the requirement for the “social exception” rule, as formulated by the ECJ in its Albany case law. A collective agreement that fixes minimum fees for self-employed workers does not meet these requirements.

2011/9: Collective agreement that sets minimum fee for self-employed workers violates anti-trust law (NL)

Agreements restricting competition are covered by the anti-trust rules under Article 81 of the EC Treaty (now Article 101 of the TFEU) unless they meet the requirement for the “social exception” rule, as formulated by the ECJ in its Albany case law. A collective agreement that fixes minimum fees for self-employed workers does not meet these requirements.

ECJ 8 September 2011, cases C-297/10 and C-298/10 (Hennings), Age discrimination, collective agreements

The principle of non-discrimination on grounds of age proclaimed in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression in Council Directive 2000/78/EC [...] must be interpreted as precluding a measure laid down by a collective agreement such as that at issue in the main proceedings which provides that, within each salary group, the basic pay step of a public sector contractual employee is determined on appointment by reference to the employee’s age. The fact that European Union law precludes that measure and that it appears in a collective agreement does not interfere with the right to negotiate and conclude collective agreements recognised in Article 28 of the Charter of Fundamental Rights of the European Union.

ECJ 8 September 2011, cases C-297/10 and C-298/10 (Hennings), Age discrimination, collective agreements

The principle of non-discrimination on grounds of age proclaimed in Article 21 of the Charter of Fundamental Rights of the European Union and given specific expression in Council Directive 2000/78/EC [...] must be interpreted as precluding a measure laid down by a collective agreement such as that at issue in the main proceedings which provides that, within each salary group, the basic pay step of a public sector contractual employee is determined on appointment by reference to the employee’s age. The fact that European Union law precludes that measure and that it appears in a collective agreement does not interfere with the right to negotiate and conclude collective agreements recognised in Article 28 of the Charter of Fundamental Rights of the European Union.