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Case C-804/19: Judgment of the Court (First Chamber) of 25 February 2021 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — BU v Markt24 GmbH (Reference for a preliminary ruling — Jurisdiction, recognition and enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Jurisdiction in respect of individual contracts of employment — Provisions of Section 5 of Chapter II — Applicability — Contract entered into in a Member State for employment with a company established in another Member State — No work performed throughout the duration of the contract — Exclusion of the application of national rules of jurisdiction — Article 21(1)(b)(i) — Concept of the ‘place where or from where the employee habitually carries out his work’ — Contract of employment — Place of performance of the contract — Obligations of the employee towards his or her employer)
Published: 2021-02-25
Subject:
jurisdiction
,
labour dispute
,
posted worker
,
remuneration of work
,
residence
,
termination of employment
,
work contract
Author
Corporate Author(s):
Court of Justice
(
Court of Justice of the European Union
)
EU law
PDF
HTML
Permanent link
Joined Cases C-103/18 and C-429/18: Judgment of the Court (Second Chamber) of 19 March 2020 (request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 8 de Madrid, Juzgado Contencioso-Administrativo No 14 de Madrid— Spain) — Domingo Sánchez Ruiz (C-103/18), Berta Fernández Álvarez and Others (C-429/18) v Comunidad de Madrid (Servicio Madrileño de Salud) (References for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework Agreement, concluded by ETUC, UNICE and CEEP regarding fixed-term work — Clause 5 — Concept of ‘successive fixed-term employment contracts or relationships’ — Failure by the employer to respect the relevant legal deadline for definitively filling posts temporarily occupied by fixed-term workers — Implicit extension of the employment relationship from year to year — Occupation by a fixed-term worker of the same post in the context of two consecutive appointments — Concept of ‘objective reasons’ justifying the renewal of successive fixed-term employment contracts or relationships — Respect for the reasons for recruitment provided for by the national legislation — Concrete examination finding that the successive renewal of fixed-term employment relationships seeks to cover the employer’s permanent and regular staffing needs — Measures seeking to prevent and, where appropriate, to punish abuses resulting from the use of successive fixed-term employment contracts or relationships — Selection procedures seeking to definitively fill posts occupied temporarily by fixed-term workers — Conversion of the situation of fixed-term workers into ‘non-permanent workers of indefinite duration’ — Grant to the worker of compensation equal to that paid in the event of unfair dismissal — Applicability of the Framework Agreement despite the fact that the worker consented to successive renewals of fixed-term contracts — Clause 5(1) — Absence of obligation for national courts to disapply inconsistent national legislation)
Published: 2020-03-19
Subject:
framework agreement
,
full-time employment
,
health care profession
,
information technology profession
,
labour law
,
public sector
,
Spain
,
temporary employment
,
unfair dismissal
,
work contract
Author
Corporate Author(s):
Court of Justice
(
Court of Justice of the European Union
)
EU law
PDF
HTML
Permanent link
Case T-181/19: Action brought on 27 March 2019 — Dickmanns v EUIPO
Published: 2019-03-27
Subject:
damages
,
equal treatment
,
framework agreement
,
full-time employment
,
rights of the defence
,
servant (EU)
,
staff regulations (EU)
,
temporary employment
,
termination of employment
,
work contract
Author
Corporate Author(s):
General Court
(
Court of Justice of the European Union
)
EU law
PDF
HTML
Permanent link
Case C-293/18: Order of the Court (Second Chamber) of 19 March 2019 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Sindicato Nacional de CCOO de Galicia v Unión General de Trabajadores de Galicia (UGT), Universidad de Santiago de Compostela, Confederación Intersindical Galega (Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clauses 2 and 3 — Definition of ‘fixed-term worker’ — Clause 4 — Principle of non-discrimination — Comparability of situations — Justification — Compensation in the event of the termination of a permanent employment contract on an objective ground — No compensation on expiry of a fixed-term pre-doctoral employment contract)
Published: 2019-03-19
Subject:
BusinessEurope
,
equal treatment
,
European Centre of Enterprises with Public Participation
,
European Trade Union Confederation
,
framework agreement
,
full-time employment
,
severance pay
,
temporary employment
,
work contract
Author
Corporate Author(s):
Court of Justice
(
Court of Justice of the European Union
)
EU law
PDF
HTML
Permanent link
Case T-242/17: Order of the General Court of 19 September 2018 — SC v Eulex Kosovo (Action for annulment and for damages — Arbitration clause — Common foreign and security policy — Staff of EU international missions — Consecutive fixed-term employment contracts — Internal competition — Impartiality of the selection board — Non-renewal of a fixed term contract — Partial reclassification of the action — Contractual liability — Non-contractual liability — Material and non-material harm — Action in part manifestly inadmissible and in part manifestly unfounded in law)
Published: 2018-09-19
Subject:
competition (EU)
,
contract staff
,
equal treatment
,
indemnification
,
labour standard
,
remuneration of work
,
servant (EU)
,
termination of a contract
,
work contract
,
working conditions
Author
Corporate Author(s):
General Court
(
Court of Justice of the European Union
)
EU law
PDF
HTML
Permanent link
Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union’ (COM(2017) 797 final — 2017/0355 (COD))
Latest edition.
Published: 2018-05-23
Subject:
collective agreement
,
dismissal
,
EU employment policy
,
probationary period
,
work contract
,
worker information
,
working conditions
Author
Corporate Author(s):
European Economic and Social Committee
EU law
PDF
HTML
Permanent link
Case C-515/17 P: Appeal brought on 24 August 2017 by Uniwersytet Wrocławski against the order of the General Court (Eighth Chamber) made on 13 June 2017 in Case T-137/16, Uniwersytet Wrocławski v Research Executive Agency (REA)
Published: 2017-08-24
Subject:
labour relations
,
legal adviser
,
principle of proportionality
,
rights of the defence
,
university
,
work contract
Author
Corporate Author(s):
Court of Justice
(
Court of Justice of the European Union
)
EU law
PDF
HTML
Permanent link
Case C-43/17 P: Appeal brought on 25 January 2017 by Liam Jenkinson against the order of the General Court (First Chamber) delivered on 9 November 2016 in Case T-602/15 Liam Jenkinson v European External Action Service, Council of the European Union, European Commission, Eulex Kosovo
Published: 2017-01-25
Subject:
access to the courts
,
EU military mission
,
right to justice
,
temporary employment
,
unfair dismissal
,
work contract
Author
Corporate Author(s):
Court of Justice
(
Court of Justice of the European Union
)
EU law
PDF
HTML
Permanent link
Case T-719/15 P: Judgment of the General Court of 17 January 2017 — LP v Europol (Appeal — Civil Service — Temporary staff — Fixed-term contract — Decision not to renew — Implied rejection decision — Decision rejecting the complaint — Duty to state reasons — Duty to have regard for the welfare of staff)
Published: 2017-01-17
Subject:
servant (EU)
,
temporary employment
,
termination of employment
,
work contract
Author
Corporate Author(s):
General Court
(
Court of Justice of the European Union
)
EU law
PDF
HTML
Permanent link
Case F-67/15: Judgment of the Civil Service Tribunal (Second Chamber) of 19 July 2016 — Opreana v Commission (Civil service — Temporary member of staff — Temporary member of staff occupying a permanent position — Non-renewal of a fixed-term contract — Pregnancy — Act adversely affecting a member of staff — Lack of competence of the author of an act adversely affecting a member of staff — Right to be heard — Duty to have regard to the welfare of staff)
Published: 2016-07-19
Subject:
dismissal
,
motherhood
,
servant (EU)
,
temporary employment
,
work contract
Author
Corporate Author(s):
Civil Service Tribunal
(
Court of Justice of the European Union
)
EU law
PDF
HTML
Permanent link
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