Case C-569/16, Bauer – an heir’s accrued leave rights post-Bollacke but contra legem

After the CJEU’s labour law Bollacke judgment, if a worker had accrued paid annual leave but had died before taking it, then it looked like the heir to his estate could claim a cash equivalent from the employer. Yet the effect of this new EU labour law right seems to be drained by old German inheritance law. Thus, what is a German labour law judge to do? Applying the EU’s ‘working time’ Directive 2003/88/EC or Article 31(2) of the EU Charter would clearly be contra legem so there is no obligation on the national court to give effect to it. However, if EU labour law prevails, then does it matter that the employer was a public body (Case C-569/16) or a private company (Case C-570/16)? More

Case C-498/16, Schrems – a Facebook consumer or simply in the business of privacy?

This case concerns a person with a Facebook account. He uses it not only to exchange private photographs and chat with about 250 friends but also for publicity purposes. The legal issue is whether this latter activity stops him from qualifying as a ‘consumer’. The definition matters because if he is a consumer, then he and several thousand other Austrians who are aggrieved at Facebook’s use of their personal data will be able to sue in the Austrian courts. More

Case C-289/16, Kamin und Grill Shop – an internet mail-order ‘direct sale’ barbecues consumer protection

Specialising in all-things-barbecue, the ‘Kamin und Grill Shop’ even sells a range of organic spice mixes. However, these have not been subject to a regulated ‘control system’ as required by the EU’s ‘organic produce’ Regulation 834/2007. Kamin und Grill deny infringing the Regulation because their business is done through their website, and the Regulation has an exception for ‘direct sales’. The unsavoury dilemma for the CJEU’s judges is this: if the aims of the Regulation are guaranteeing fair competition, ensuring consumer confidence and protecting consumer interests, then why is it legally right for an internet mail-order company to escape the wrath of the Regulation? More

Case C-230/16, Coty Germany – trade mark selective distributorship agreements and hardcore restrictions on competition

When a company sells expensive ‘luxury’ goods, can it contractually ban its commercial customers from reselling those goods via third party websites like Amazon? Or would such a condition constitute a hardcore restriction on competition contrary to EU cartel law? More