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-413/15, Farrell (No.2) – identifying an emanation of the state

Individuals wishing to rely on an EU Directive may be thwarted if the body they want to sue is not an ’emanation of the state’. The classic explanation to the phrase ’emanation of the state’ is laid out in the CJEU’s judgment in Foster v. British Gas. The problem is that on closer inspection the CJEU’s reasoning turns out to be unclear. Stymied, the Irish Supreme Court has now decided to ask the CJEU if the component parts of the Foster test for establishing ‘an emanation of the state’ are to be read cumulatively or disjunctively. More