2020/24 Transfer of actual control decisive for a transfer of undertaking, despite limited transfer of assets (NL)

Within the context of a transfer of undertaking in an asset reliant group of companies, the court should not just focus on whether the assets have been transferred between the two separate group companies, but also on whether one group company had actual control over the operation of the other group company.

2020/19 Relationship between time of notification of collective redundancies and time of notice of termination (GE)

The notice of collective redundancies required to be given to an employment agency pursuant to Section 17(1) of the German Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz, “KSchG”) can only be effectively submitted if the employer has already decided to terminate the employment contract at the time of its receipt by the employment agency. Notices of termination in collective redundancy proceedings are therefore effective – subject to the fulfilment of any other notice requirements – if the proper notice is received by the competent employment agency before the employee has received the letter of termination.

ECJ 25 June 2020, Joined Cases C-762/18 and C-37/19 (Varhoven kasatsionen sad na Republika Bulgaria), Paid Leave

QH - v - Varhoven kasatsionen sad na Republika Bulgaria (C-762/18), Bulgarian case and CV - v - Iccrea Banca SpA (C‑37/19), Italian case

2020/19 Relationship between time of notification of collective redundancies and time of notice of termination (GE)

The notice of collective redundancies required to be given to an employment agency pursuant to Section 17(1) of the German Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz, “KSchG”) can only be effectively submitted if the employer has already decided to terminate the employment contract at the time of its receipt by the employment agency. Notices of termination in collective redundancy proceedings are therefore effective – subject to the fulfilment of any other notice requirements – if the proper notice is received by the competent employment agency before the employee has received the letter of termination.

ECJ 25 June 2020, Joined Cases C-762/18 and C-37/19 (Varhoven kasatsionen sad na Republika Bulgaria), Paid Leave

QH - v - Varhoven kasatsionen sad na Republika Bulgaria (C-762/18), Bulgarian case and CV - v - Iccrea Banca SpA (C‑37/19), Italian case

2020/19 Freedom of religion: a tale of two cities

ECJ 11 June 2020, case C-114/19 P (Di Bernardo), Miscellaneous

European Commission - v - Danilo Di Bernardo, EU Case

ECJ 11 June 2020, case C-114/19 P (Di Bernardo), Miscellaneous

European Commission - v - Danilo Di Bernardo, EU Case

ECJ 4 June 2020, Case C-588/18 (Fetico), Working Time, Paid Leave

Articles 5 and 7 of Directive 2003/88 do not apply to national rules providing for special leave on days when workers are required to work, when these days occur during weekly rest periods or paid annual leave.