ECJ 13 May 2015, case C-392/13 (Andrés Rabal Cañas - v - Nexea Gestión Documental SA and Fondo de Garantía Salarial), Collective redundancies

Mr Rabal Cañas worked for a company called Nexea. It had two establishments: one in Madrid...

<strong>ECJ 13 May 2015, case C-392/13&nbsp;(Andr&eacute;s Rabal Ca&ntilde;as - v - Nexea Gesti&oacute;n Documental SA and Fondo de Garant&iacute;a Salarial), Collective redundancies</strong>

Mr Rabal Cañas worked for a company called Nexea. It had two establishments: one in Madrid...

2015/32 Only ‘real’ employee, with actual activity in Member State of application, entitled to A1 certificate (LI)

An individual who claims to be both self-employed and employed in different Member States, but cannot prove his employment is not automatically entitled to obtain certificate A1 in the Member State in which he says he is employed under Article 13(3) of Regulation (EC) No 883/2004 on the coordination of social security systems (‘Regulation 883/2004’). Therefore, the rejection of an application for certificate A1 by the Member State where the person claimed to be employed was reasonable and legitimate

<p><strong>2015/32 Only &lsquo;real&rsquo; employee, with actual activity in Member State of application, entitled to A1 certificate (LI)</strong></p>

An individual who claims to be both self-employed and employed in different Member States, but cannot prove his employment is not automatically entitled to obtain certificate A1 in the Member State in which he says he is employed under Article 13(3) of Regulation (EC) No 883/2004 on the coordination of social security systems (‘Regulation 883/2004’). Therefore, the rejection of an application for certificate A1 by the Member State where the person claimed to be employed was reasonable and legitimate

2015/52 Protection of pregnant employees – In-vitro fertilisation (GE)

An employee can benefit from special protection against dismissal from the moment an embryo is transferred into her body in-vitro

<p><strong>2015/52 Protection of pregnant employees &ndash; In-vitro fertilisation (GE)</strong></p>

An employee can benefit from special protection against dismissal from the moment an embryo is transferred into her body in-vitro

2015/50 Alcohol tests require approval by works council (AT)

The Austrian federal railways introduced breathalyser testing on their employees in order to monitor compliance with their zero-alcohol policy. However, as such a measure was held to impact on the employees’ “human dignity”, it was subject to the works council’s approval. As that approval had not been given, the measure was unlawful. 

<p><strong>2015/50 Alcohol tests require approval by works council (AT)</strong></p>

The Austrian federal railways introduced breathalyser testing on their employees in order to monitor compliance with their zero-alcohol policy. However, as such a measure was held to impact on the employees’ “human dignity”, it was subject to the works council’s approval. As that approval had not been given, the measure was unlawful. 

ECJ 17 March 2015, case C-533/13 (Auto-ja Kuljetusalan Työntekijäliitto AKT ry - v - Öljytuote ry and Shell Aviation Finland Oy), Temporary agency work

Shell Aviation Finland Oy (‘Shell’) delivers fuel to 18 airports in Finland. It is a...

ECJ 17 March 2015, case C-533/13&nbsp;(Auto-ja Kuljetusalan Ty&ouml;ntekij&auml;liitto AKT ry - v - &Ouml;ljytuote ry and Shell Aviation Finland Oy), Temporary agency work

Shell Aviation Finland Oy (‘Shell’) delivers fuel to 18 airports in Finland. It is a...