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Ministero Dell’Istruzione, Dell’Universita E Della Ricerca – Miur and Others (Chercheurs Universitaires) (Social Policy – Successive Fixed-Term Employment Contracts or Relationships: ECJ 3 Jun 2021

Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Successive fixed-term employment contracts or relationships – Misuse – Preventive . .

Mateos v Agencia Madrilena de Atencion Social de la Consejeria de Politicas Sociales y Familia de la Comunidad Autonoma de Madrid: ECJ 5 Jun 2018

Framework Agreement On Fixed-Term Work – Judgment – Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – . .

Vino v Poste Italiane: ECJ 11 Nov 2010

ECJ (Order) Article 104(3) of the Rules of Procedure – Social policy – Directive 1999/70/EC – Clauses 3 and 8 of the framework agreement on fixed-term work – Fixed-term employment contracts in the public sector – First or single use of a contract – Obligation to state the objective reasons – Elimination – Reduction in … Continue reading Vino v Poste Italiane: ECJ 11 Nov 2010

De Diego Porras: ECJ 14 Sep 2016

ECJ (Judgment) Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Concept of ’employment conditions’ – Compensation for termination of a contract of employment – Compensation not provided for by the national legislation … Continue reading De Diego Porras: ECJ 14 Sep 2016

Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

Sibilio v Comune di Afragola: ECJ 15 Mar 2012

ECJ Social policy – Framework agreement ETUC, UNICE and CEEP on fixed-term work – Directive 1999/70/EC – Clause 2 – Meaning of” a contract or employment relationship defined by legislation, collective agreements or practices in each Member State ‘- Scope of the Framework Agreement – Clause 4, paragraph 1 – Principle of non-discrimination – People … Continue reading Sibilio v Comune di Afragola: ECJ 15 Mar 2012

Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

Commission v Luxembourg: ECJ 26 Feb 2015

ECJ Judgment – Failure of a Member State to fulfil obligations – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Occasional workers in the entertainment arts – Successive fixed-term employment contracts – Clause 5(1) – Measures to prevent the abusive use of successive fixed-term contracts … Continue reading Commission v Luxembourg: ECJ 26 Feb 2015

Per l’energia autorita elettrica e il gas v Bertazzi And Others: ECJ 4 Sep 2014

ECJ Order Of The Court – Preliminary ruling – Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70/EC – Framework agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – Contracts of fixed-term employment in the Public Sector – Procedure stabilization – Recruitment of fixed-term workers … Continue reading Per l’energia autorita elettrica e il gas v Bertazzi And Others: ECJ 4 Sep 2014

Mascolo v Ministero dell’Istruzione, dell’Universita e della Ricerca: ECJ 17 Jul 2014

ECJ (Advocate General’s Opinion) Preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement ETUC, UNICE and CEEP on fixed-term work – Contracts of successive fixed-term work – Area Public School – Clause 5, point 1 – measures to prevent the abuse of fixed-term contracts – Concept of ‘objective reasons’ justifying such contracts – … Continue reading Mascolo v Ministero dell’Istruzione, dell’Universita e della Ricerca: ECJ 17 Jul 2014

Fiamingo and Others v Rete Ferroviaria Italiana SpA: ECJ 3 Jul 2014

ECJ (Judgment Of The Court) Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Maritime sector – Ferries making crossings between two ports situated in the same Member State – Successive fixed-term employment contracts – Clause 3(1) – Concept of … Continue reading Fiamingo and Others v Rete Ferroviaria Italiana SpA: ECJ 3 Jul 2014

Mairquez Samohano v Universitat Pompeu Fabra: ECJ 13 Mar 2014

ECJ Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Universities – Associate lecturers – Successive fixed-term employment contracts – Clause 5(1) – Measures to prevent the abusive use of fixed-term contracts – Concept of ‘objective reasons’ justifying such contracts – Clause 3 – Concept of … Continue reading Mairquez Samohano v Universitat Pompeu Fabra: ECJ 13 Mar 2014

Nierodzik v Samodzielny Publiczny Psychiatryczny Zaklad Opieki Zdrowotnej im. dr. Stanislawa Deresza w Choroszczy: ECJ 13 Mar 2014

ECJ Request for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Concept of ’employment conditions’ – Notice period for the termination of a fixed-term employment contract – Difference in treatment between workers on contracts of indefinite duration C-38/13, … Continue reading Nierodzik v Samodzielny Publiczny Psychiatryczny Zaklad Opieki Zdrowotnej im. dr. Stanislawa Deresza w Choroszczy: ECJ 13 Mar 2014

Carmela Carratu v Poste Italiane Spa: ECJ 26 Sep 2013

ECJ Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Employment conditions – Compensation for the unlawful insertion of a fixed-term clause in an employment contract – Equal treatment – Concept of ’emanation of the State’ Wahl AG C-361/12, [2013] EUECJ C-361/12, [2013] … Continue reading Carmela Carratu v Poste Italiane Spa: ECJ 26 Sep 2013

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

Age UK, Regina (On the Application of) v Attorney General: Admn 25 Sep 2009

Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65. Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social aim of labour market confidence. The use of a designated retirement age … Continue reading Age UK, Regina (On the Application of) v Attorney General: Admn 25 Sep 2009

Azmi v Kirklees Metropolitan Borough Council: EAT 30 Mar 2007

The claimant alleged discrimination. As a teaching assistant, she had been refused permission to wear a veil when assisting a male teacher. Held: Direct discrimination had not been shown. The respondent had shown that any comparator would have also been required to remove a veil since it obscured her face and mouth and was a … Continue reading Azmi v Kirklees Metropolitan Borough Council: EAT 30 Mar 2007

T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008

The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined … Continue reading T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008

Duncombe and Others v Secretary of State for Children, Schools and Families: CA 14 Dec 2009

The court considered the workings of fixed term employment contracts under which the claimants taught in Europe. The Secretary of State argued that the contracts validly limited the claimants’ employment to nine years. The claimants said the 2002 Regulations operated to change the contracts into permanent ones. The decision was ‘whether the employment contracts between … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families: CA 14 Dec 2009

Duncombe and Others v Secretary of State for Children, Schools and Families: SC 29 Mar 2011

The government operated European Schools catering for children of staff of the European Community. The school staff challenged as unlawful, the contracts restricting their terms of employment with the schools to a maximum of nine years. Held: The Secretary of State’s appeal succeeded. It was objectively justified to employ the teachers on the current fixed … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families: SC 29 Mar 2011

X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had found no contractual relationship. She said that under the 2000 Directive (the Framework Directive ‘FD’) … Continue reading X v Mid Sussex Citizens Advice Bureau and Another: SC 12 Dec 2012

Land Nordrhein-Westfalen v Jansen: ECJ 15 Sep 2011

lnw_jansenECJ2011 ECJ (Social Policy) French Text – (Opinion of Advocate General) Social policy – Directive 1999/70/EC – Framework agreement on fixed-term employment – Clause 5, paragraph 1 – Measures to prevent the misuse of successive fixed-term contracts – ‘objective reasons’ justifying the renewal of such contracts – Taking into account the number or the cumulative … Continue reading Land Nordrhein-Westfalen v Jansen: ECJ 15 Sep 2011

Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011

The court considered whether a teacher employed by the Secretary of State to teach in one of its European Schools was entitled to protection against unfair dismissal. Held: The claimants’ appeals were allowed and the cases remitted to the Employment Tribunals. The employments fell within the exeptions governing employment abroad identified in Lawsn -v- Serco. … Continue reading Duncombe and Others v Secretary of State for Children, Schools and Families (No 2): SC 15 Jul 2011