No Right for Unsuccessful Job Applicant to Know Outcome of Recruitment Process

By Sophie Maes of Claeys & Engels (the Belgium member of Ius Laboris) The European Court of Justice (ECJ) has considered a significant issue that may arise where a job applicant is rejected by the prospective employer and brings a...

Relapse of Occupational Accident Causes a Postponement of Paid Annual Leave

By Jean-Benoît Cottin European law rules that a worker does not lose his right to paid annual leave which he has been unable to exercise because of sickness (ECJ, 20 January 2009, Case. And C-350/06 C-520/06 Schultz-Hoff and Her Majesty's...

Airline's Retirement Policy Grounded by European Court Ruling

By Richard Lister of Lewis Silkin LLP (the UK member of Ius Laboris) How old should airline pilots be before they're made to retire?  That was the central question in a case brought by German pilots against the airline Lufthansa which...

Koelzsch Judgment: European Court of Justice Clarifies Applicable Employment Law for Employment in More than One Country

On 15 March 2011, the European Court of Justice (ECJ) delivered a judgment on the question how to determine which legislation applies to an employment contract in case of employment in more than one country. The case at hand concerned...

Court of Justice Deems the Use of Gender as a Risk Factor in Insurance Contracts Incompatible with European Fundamental Rights

On 1 March 2011, the European Court of Justice rendered its judgement in the Test-Achats case. In a landmark ruling, the Court bans the common practice in the life insurance market to apply gender differences in premiums and benefits based...

European "Acquittal" for Belgium: A Missed Opportunity

On 7 October 2010, the European Court of Justice (ECJ) rendered a judgment (pdf) on the conformity of the "declaration of posting" with the freedom to provide services (Dos Santos Palhota (C-515/08)). This "declaration of posting" was the predecessor of the...

European Court of Justice Finds Spain's Breastfeeding Leave Statute Inconsistent with Equal Treatment Directive

Under Spanish Law, employed mothers shall be entitled, for the purpose of feeding an unweaned child under nine months of age, to take an hour off during each workday. In addition, the relevant law points out that breastfeeding leave may...

European Court of Justice Reaffirms that Communications with In-House Counsel Are Not Privileged in Europe

On September 14, 2010, the European Court of Justice ("ECJ") reaffirmed its long-standing position that under European Union law communications with in-house lawyers in antitrust matters are not protected by the attorney-client privilege (or the legal professional privilege as it...

Some EU Directives May be Invoked in Court Even When Not Implemented into Polish Law

Even if an EU directive has not been implemented into the Polish legal system, it is possible to invoke rights following from such a directive in court. The general rule is that a directive cannot be applied directly. It must...

Consultations Before Decision by Parent Company

A consultation of collective redundancy with works council must be held before a decision is taken, even if the decision is not taken by the employer, but by the group. This rule follows from Art. 2 Sec. 4 of the...

Severance Pay in the Event of Part-Time Parental Leave

An employee with an employment contract that is dismissed during the period of part-time parental leave is entitled to a severance pay calculated on the basis of the full-time employment. This is what the European Court of Justice judged in...

European Court of Justice Rules on Conflict Between Annual Leave and Sick Leave

The European Court of Justice recently handed down its preliminary ruling in Pereda v. Madrid Movilidad SA (C-277/08), holding that a worker who is on sick leave during a period of previously scheduled annual leave has the right, on request,...

High Court Rejects Challenge to Mandatory Retirement Regime

The High Court has ruled that the UK age discrimination laws are not in breach of European Union law by allowing employers to force staff to retire when they reach the age of 65 (R (on the application of Age...