Discrimination

On the Gemeinspruch that being Homosexual makes you Unsuitable Blood Donor: Léger Judgment of the CJEU in Case C-528/13

Article Date: 29-06-2015
Categories: Family Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
According to the Eurobarometer (2010) some four out of ten European citizens have donated blood just once, while Austria, France, Cyprus, and Greece seem to hold a strong pro-donation quantitative advantage vis-à-vis other European nations. Furthermore, the overall tendency is shifting toward... [Read All]

''Age-neutral'' provisions with de-facto discriminatory effects are incompatible with EU law

Article Date: 02-02-2015
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Justice of the European Union in its judgment in Hütter held that the Austrian legislation was contrary to the principle of equal treatment in employment and occupation on the basis of age, because, in determining the pay of contractual employees of the State, it did not take into ... [Read All]

EU Law does not grant women resorting to surrogate motherhood a right to maternity or adoption leave

Article Date: 21-05-2014
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The instant case concerned two separate proceedings, referred to the CJEU respectively by an English and Irish court. In both of these the applicants were women workers, who had had babies through surrogate motherhood. This is a medically assisted reproduction technique in which a couple that intend... [Read All]

Professional experience gained in another Member State should be taken into account

European Court of Justice, case C‑514/12

Article Date: 05-12-2013
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
While the Court of Justice took no major step forward in its long-settled jurisprudence on free movement of workers, its judgment in case C-514/12 is still very interesting due to the current south-to-north migration waves within the EU and the relevant peril of nationality-based discrimination. The... [Read All]

Compensation for unfairly dismissed workers on part-time parental leave should be based on full salary

European Court of Justice, case C-588/12

Article Date: 27-02-2014
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In the instant case, the CJEU considered whether the Belgian legislation on unfair dismissal of workers during part-time parental leave was consistent with EU Law -particularly with clauses 1 and 2.4 of the Framework Agreement on parental leave, concluded on 14 December 1995, which is set out i... [Read All]

Football patron’s homophobic statements evidence club’s discriminatory recruitment policies

European Court of Justice, case C-81/12

Article Date: 25-04-2013
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The case was referred to the CJEU by a Romanian court, and concerned homophobic statements made by Mr. Becali, the “patron” of the football club “Steaua Bucarest”. In short, he had claimed that he would not hire “homosexual players”, and the club had not distanced... [Read All]

On which “objective grounds” should employers justify prima facie gender discriminations?

European Court of Justice, case C-427/11

Article Date: 28-02-2013
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The case was referred to the Court of Justice by the High Court of Ireland. In the domestic proceedings, a group of women, which worked as civilians in clerical positions for the Irish Police (Garda an Siochana), filed an action against their employer (Commissioner of the Garda an Siochana), allegin... [Read All]
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