<strong>ECJ 9 September 2015, case C-20/13&nbsp;(Daniel Unland - v - Land Berlin), Age discrimination</strong>

Before 1 August 2011, federal civil servants were paid according to age groups. Under the law as...

<strong>ECJ 9 September 2015, case C-160/14&nbsp;(Joao Filipe Ferreira da Silva e Brito and others - v - Estado portugu&ecirc;s), Transfer of undertaking</strong>

The airline company AIA wound up on 19 February 1993. From 1 May 1993, its main shareholder TAP,...

2015/53 Genuine or false self-employed substitutes? (NL)

In the terminoligy of the ECJ decision in the case FNV/Staat der Nederlandsen (C-413/13) self-employed substitutes must, according to the Court of Appeal, be regarded as ‘false self-employed’. For that reason, the collective labour agreement relating to musicians substituting for members of an orchestra setting out minimum fees for self-employed substitutes is excluded from the scope of national and EU competition law.

<p><strong>2015/53 Genuine or false self-employed substitutes? (NL)</strong></p>

In the terminoligy of the ECJ decision in the case FNV/Staat der Nederlandsen (C-413/13) self-employed substitutes must, according to the Court of Appeal, be regarded as ‘false self-employed’. For that reason, the collective labour agreement relating to musicians substituting for members of an orchestra setting out minimum fees for self-employed substitutes is excluded from the scope of national and EU competition law.

2015/56 Constitutional Court: legislation regulating and standardising unfair dismissal damages unconstitutional (FR)

On 10 July 2015, following over 400 hours of debate in Parliament, France adopted far-reaching legislation commonly known as the loi Macron, named after the Minister of Finance Emmanuel Macron. The law, which was highly controversial, was adopted without a vote in Parliament on the basis of a rarely used prerogative of the government (thereby risking a vote of no confidence) . A group of over 60 members of Parliament applied to the Conseil constitutionel to have a host of provisions of the law declared unconstitutional.

Although the vast majority of the loi Macron passed the constitutionality test, some provisions were declared unconstitutional. They therefore did not enter into force. One was Article 266, which would have brought more predictability for employers in respect of the amount of compensation they need to pay unfairly dismissed employees. The government is now preparing a new effort to achieve predictability.

2015/56 Constitutional Court: legislation regulating and standardising unfair dismissal damages unconstitutional (FR)

On 10 July 2015, following over 400 hours of debate in Parliament, France adopted far-reaching legislation commonly known as the loi Macron, named after the Minister of Finance Emmanuel Macron. The law, which was highly controversial, was adopted without a vote in Parliament on the basis of a rarely used prerogative of the government (thereby risking a vote of no confidence) . A group of over 60 members of Parliament applied to the Conseil constitutionel to have a host of provisions of the law declared unconstitutional.

Although the vast majority of the loi Macron passed the constitutionality test, some provisions were declared unconstitutional. They therefore did not enter into force. One was Article 266, which would have brought more predictability for employers in respect of the amount of compensation they need to pay unfairly dismissed employees. The government is now preparing a new effort to achieve predictability.

ECJ 16 July 2015, case C-222/14 (Konstantinos Maïstrellis - v - Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton), Working time and leave

Mr Maïstrellis, a judge, applied for parental leave after his wife gave birth to a child....

<strong>ECJ 16 July 2015, case C-222/14&nbsp;(Konstantinos Ma&iuml;strellis - v - Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton), Working time and leave</strong>

Mr Maïstrellis, a judge, applied for parental leave after his wife gave birth to a child....

ECJ 16 July 2015, case C-83/14 (CHEZ Razpredelenie Bulgaria AD - v - Komisia za zashtita ot diskriminatsia), Nationality discrimination

Ms Nikolova runs a grocer’s shop in a district of the town of Dupnitsa, a district...

<strong>ECJ 16 July 2015, case C-83/14&nbsp;(CHEZ Razpredelenie Bulgaria AD - v - Komisia za zashtita ot diskriminatsia), Nationality discrimination</strong>

Ms Nikolova runs a grocer’s shop in a district of the town of Dupnitsa, a district...