Monitoring References to the Court of Justice of the European Union
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5 case reports
Greek law obliges every employer to pay Christmas, Easter and holiday bonuses worth two months' salary — except employers in the public sector, which stopped paying them in the crisis years. Hospital staff in Kilkis, most of whom now earn less per year than the statutory minimum wage, ask whether the Adequate Minimum Wages Directive allows that.
Brussels I bis gives employees their own jurisdiction rules, which cannot be contracted out of. The Bundesarbeitsgericht asks whether a claim pleaded purely in tort escapes them when the wrong was done inside an employment relationship — or whether the relationship, not the label, decides where the case is heard.
A Sofia hospital trains a doctor to specialist level and binds them to five more years, on pain of repaying every training cost plus two months' salary. The Sofiyski rayonen sad asks whether that is a restriction on free movement, an unfair consumer term, or an element of coercion under Article 5 of the Charter.
By judgment of 19 October 2016 (ECLI:EU:C:2016:780) the Court held that the Framework Directive does not prevent a Member State from merging its telecoms regulator into a multi-sector authority, but dismissing the NRA's president and board before the end…
By judgment of 17 November 2016 (ECLI:EU:C:2016:883) the Court ruled, in the words of the operative part: “Article 1(1) and (2) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work must be…