2019/19 – Employer liable for wrongful disclosure of data by ‘rogue’ employee (UK)

While an internal auditor who disclosed payroll data on the internet was sentenced to eight years in prison, his employer was found to be vicariously liable for the data breach.

ECJ 29 July 2019, case C-659/17 (Azienda Napoletana Mobilità SpA), Miscellaneous

Decision 2000/128 on illegal Italian state aid also applies to companies who benefitted from that aid.

2019/14 Termination indemnity based on reduced remuneration for worker dismissed during part-time career break compatible with EU law (BE)

According to the Labour Court of Mons, calculating the termination indemnity of a worker based on the reduced remuneration paid during a career break called ‘time-credit’ is compatible with EU law, despite the Meerts judgment.

2019/19 – Employer liable for wrongful disclosure of data by ‘rogue’ employee (UK)

While an internal auditor who disclosed payroll data on the internet was sentenced to eight years in prison, his employer was found to be vicariously liable for the data breach.

ECJ 29 July 2019, case C-659/17 (Azienda Napoletana Mobilità SpA), Miscellaneous

Decision 2000/128 on illegal Italian state aid also applies to companies who benefitted from that aid.

2019/15 Uniform minimum body height standards in the police service do not constitute indirect gender discrimination on grounds of sex (DE)

The Higher Administrative Court of Münster (Oberverwaltungsgericht, the ‘OVG’) has held that a minimum body height of 163 cm for applicants to the police service, irrespective of gender, is lawful. At least, this shall apply if the determination of a minimum body height standard is a suitability criterion for access to the police service. Minimum standards solely serve the purpose of ensuring fitness for service and result from a comprehensive investigation. The investigation in this case established that suitability for the police service can only be guaranteed from a height of 163 cm upwards.

2019/15 Uniform minimum body height standards in the police service do not constitute indirect gender discrimination on grounds of sex (DE)

The Higher Administrative Court of Münster (Oberverwaltungsgericht, the ‘OVG’) has held that a minimum body height of 163 cm for applicants to the police service, irrespective of gender, is lawful. At least, this shall apply if the determination of a minimum body height standard is a suitability criterion for access to the police service. Minimum standards solely serve the purpose of ensuring fitness for service and result from a comprehensive investigation. The investigation in this case established that suitability for the police service can only be guaranteed from a height of 163 cm upwards.

2019/22 Supreme Court applies Max Planck and Kreuziger judgments (LV)

The Latvian Supreme Court recently used the ECJ Max Planck and Kreuziger judgments to explain how an employer can escape its obligation to compensate an employee for unused leave at the end of the employment relationship. The employer must prove that (a) it was possible for the employee to use the leave, and (b) the employer has in good time informed the employee that leave, if not used, might be lost and will not be compensated.

2019/22 Supreme Court applies Max Planck and Kreuziger judgments (LV)

The Latvian Supreme Court recently used the ECJ Max Planck and Kreuziger judgments to explain how an employer can escape its obligation to compensate an employee for unused leave at the end of the employment relationship. The employer must prove that (a) it was possible for the employee to use the leave, and (b) the employer has in good time informed the employee that leave, if not used, might be lost and will not be compensated.

ECJ 4 July 2019, case C-377/17 (Commission – v – Germany), miscellaneous

European Commission – v – Federal Republic of Germany, supported by Hungary, German case