Case Law

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Being on parental leave cannot affect the right to take another period of leave guaranteed by EU law

Article Date: 28-07-2014
Categories: Family Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Successfully balancing professional and family life has long been one of the major objectives of EU employment legislation. The EU law provisions concerning pregnancy, childbirth and parenthood can be divided broadly in three main categories: First, the ones protecting pregnant workers (health and s... [Read All]

A relatively shorter period of notice for the termination of fixed-term contracts violates EU law

Article Date: 13-03-2014
Categories: Contract Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The annexed to Directive 1999/70/EC Framework Agreement on fixed-term work enshrines two major principles: First, the prevention of the abusive use of successive fixed-term employment relationships; and, second, the prohibition of discrimination between comparable fixed-term and permanent workers. T... [Read All]

Data retention in the EU - Directive 2006/24/EC deemed to be invalid ab initio

Article Date: 11-07-2014
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In the eagerly anticipated judgement released by the CJEU in the joined cases Digital Rights Ireland and Seitlinger & others (C-293/12 and C-594/12), the CJEU ruled that the Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly availabl... [Read All]

CJEU clarifies the scope of national authorities’ jurisdiction on cross-border electronic communication service providers

Article Date: 18-06-2014
Categories: Business Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
This judgment relates to the provision of cross-border electronic communication services, to the jurisdiction of national monitoring authorities and to the requirements to which providers may be subject in Member States other than the one where they are established. In the domestic proceedings pend... [Read All]

The scope of application of the EU-Charter of Fundamental Rights versus Member State action – benchmark or legal uncertainty?

Article Date: 06-03-2014
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The list of cases dealing with the scope of application of the Charter of Fundamental Rights is quite long, and dates back since long before the Charter acquired binding legal status in 2009 when the Lisbon Treaty entered into force. The leading case on this subjects is last year’s highly cont... [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]

Directive 2001/23/EC applies in principle only for the transfer of autonomous economic entities

European Court of Justice, case C-458/12

Article Date: 06-03-2014
Categories: Employment Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In the domestic proceedings, Mr. Amatori and his colleagues were working at the ‘Information Technology’ Section of Telecom Italia. Following an internal reorganisation the company split that Section to various other structures. The latter continued to collaborate with one another and to... [Read All]

New reference on minimum standards for material reception conditions of asylum seekers

European Courte of Justice, case C-79/13

Article Date: 27-02-2014
Categories: Consumer Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
In the Saciri-case (C-79/13) the CJEU was asked to provide the interpretation of some provisions stated in the Directive 2003/9/EC concerning the obligations of Member States when it comes to accommodation of asylum seekers. The Directive lays down minimum standards for the reception of asylum seeke... [Read All]

European Court of Justice, case C-456/12

Article Date: 12-03-2014
Categories: Family Law Typology: Case Law
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From Altalex.EU Blog - Comments (0)
JUDGMENT OF THE COURT (Grand Chamber) 12 March 2014  (Directive 2004/38/EC – Article 21(1) TFEU – Right to move and reside freely within the territory of the Member States – Beneficiaries – Right of residence of a third‑country national who is a family member of a Un... [Read All]

European Courte of Justice, case C-457/12

Article Date: 12-03-2014
Categories: Family Law Typology: Case Law
Tags:
From Altalex.EU Blog - Comments (0)
JUDGMENT OF THE COURT (Grand Chamber) 12 March 2014 (*) (Articles 20 TFEU, 21(1) TFEU and 45 TFEU – Directive 2004/38/EC – Right to move and reside freely within the territory of the Member States – Beneficiaries – Right of residence of a third‑country national who i... [Read All]
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