Monitoring References to the Court of Justice of the European Union
Tag
12 case reports
Can a public sector pension provider be awarded a contract without there having been an advert or a tendering procedure? Background There is a clinic in the German spa town of Bad Reichenhall. It used to be in the public sector and run by the ‘VBG’, the VBG Verwaltungs-Berufsgenossenschaft.…
On 27 February 2018 the Grand Chamber ruled (ECLI:EU:C:2018:117) that Article 19(1) TEU obliges Member States to ensure that courts which may apply EU law meet the requirements of effective judicial protection, including independence — though Portugal's…
If the social partners agree to award an undertaking the exclusive right to administer an insurance scheme that benefits employees in a particular sector of the French economy, then does Article 56 TFEU’s transparency obligation apply before the relevant French Minister can declare the collective…
By judgment of 12 February 2015 (ECLI:EU:C:2015:86) the Court ruled, in the words of the operative part: “1.
On 4 December 2014 the Court ruled (ECLI:EU:C:2014:2411) that collective agreement provisions setting minimum fees for genuinely self-employed service providers fall within Article 101 TFEU — the self-employed are undertakings — but not where the providers…
By judgment of 12 June 2014 (ECLI:EU:C:2014:1755) the Court held that Article 7 of the Working Time Directive precludes national law under which the right to an allowance in lieu of untaken paid annual leave is extinguished by the worker's death — the…
On 11 September 2014 the Court ruled (ECLI:EU:C:2014:2197) that terms of a terminated collective agreement which continue to produce effects under national "continued effect" (Nachwirkung) rules are "terms and conditions agreed in a collective agreement"…
By judgment of 7 November 2013 (ECLI:EU:C:2013:711) the Court ruled, in the words of the operative part: “Article 3(1)(c) of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the…
French farmers have been nipping over the Spanish border to go shopping for their veterinary medicinal products. This is not allowed under French law, only French-authorised wholesalers can import veterinary drugs. The French farmers wonder if the internal market exists. Continue reading →
By judgment of 12 December 2013 (ECLI:EU:C:2013:823) the Court ruled, in the words of the operative part: “Article 2(2)(a) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation…
By reasoned order of 21 February 2013 (ECLI:EU:C:2013:102) the Court confirmed that a worker unable to take scheduled annual leave because of sick leave keeps the right to take that leave at another time, if need be outside the reference period, and that…
By order of 7 March 2013 (ECLI:EU:C:2013:149) the Court declared it had no jurisdiction: Portugal's austerity salary cuts did not implement EU law within Article 51 of the Charter, so the Charter-based challenge to the budget law could not be examined in…