ECJ 7 June 2012, case C-132/11 (Tyroler Luftfahrt Gesellschaft mbH - v - Betriebsrat Bord der Tiroler Luftfahrt Gesellschaft mbH), Age discrimination

Tyrolean Airways and Lauda Air are wholly owned subsidiaries of Austrian Airlines. Since they...

ECJ 7 June 2012, case C-106/11 (M.J. Bakker - v - Minister van Financiën), Free movement, Social insurance

In 2004 Mr Bakker, a Dutch national, lived in Spain and was employed by a Dutch company for whom...

ECJ 7 June 2012, case C-132/11 (Tyroler Luftfahrt Gesellschaft mbH - v - Betriebsrat Bord der Tiroler Luftfahrt Gesellschaft mbH), Age discrimination

Tyrolean Airways and Lauda Air are wholly owned subsidiaries of Austrian Airlines. Since they...

ECJ 7 June 2012, case C-106/11 (M.J. Bakker - v - Minister van Financiën), Free movement, Social insurance

In 2004 Mr Bakker, a Dutch national, lived in Spain and was employed by a Dutch company for whom...

2012/24: Supreme Court applies concept of indirect gender discrimination for the first time (FR)

The French Supreme Court has recently held that a national pension institution’s decision to reject an application by social workers to be affiliated with that scheme amounted to indirect discrimination, because social workers in the sector in question were predominantly women while some affiliated workers holding positions with a similar level of responsibilities within that same sector were predominantly men. For the Supreme Court, the need to ensure consistent treatment with social workers in other sectors was not a relevant consideration.

2012/24: Supreme Court applies concept of indirect gender discrimination for the first time (FR)

The French Supreme Court has recently held that a national pension institution’s decision to reject an application by social workers to be affiliated with that scheme amounted to indirect discrimination, because social workers in the sector in question were predominantly women while some affiliated workers holding positions with a similar level of responsibilities within that same sector were predominantly men. For the Supreme Court, the need to ensure consistent treatment with social workers in other sectors was not a relevant consideration.

2012/53 Refusal to take drug test is just cause for dismissal (MT)

The plaintiff in this case, Mr Marco Cassar, was employed by the co- operative association...

2012/53 Refusal to take drug test is just cause for dismissal (MT)

The plaintiff in this case, Mr Marco Cassar, was employed by the co- operative association...

2012/52 Investment fund to compensate employees for mismanagement (FR)

This judgment offers a further illustration of the different actions that employees of French companies in financial difficulties can take against their employers’ shareholders. Not only can employees who have been laid off bring a claim, their non-redundant colleagues can claim compensation for moral damages suffered as a result of restructuring.

2012/52 Investment fund to compensate employees for mismanagement (FR)

This judgment offers a further illustration of the different actions that employees of French companies in financial difficulties can take against their employers’ shareholders. Not only can employees who have been laid off bring a claim, their non-redundant colleagues can claim compensation for moral damages suffered as a result of restructuring.