Overview of recent cases before the Court of Justice of the European Union (March 2021-September 2021)
| Author | Pauline Melin,Susanne Sivonen |
| DOI | 10.1177/13882627211050083 |
| Date | 01 December 2021 |
| Published date | 01 December 2021 |
| Subject Matter | Case law report |
Overview of recent cases before
the Court of Justice of the
European Union (March 2021-
September 2021)
Pauline Melin
Maastricht University, Maastricht, the Netherlands
Susanne Sivonen
Maastricht University, Maastricht, the Netherlands
Abstract
In O.D. and Oth ers v INPS (C-350/20), the Court dealt with the refusal of the Italian authorities to grant child-
birth and maternity allowances to third-country nationals falling within the scope of the Single Permit
Directive. In CG (C-709/20), the Court considered the refusal of the UK authorities to grant social assist-
ance to an economically inactive EU citizen residentunder the UK scheme adopted in the context of Brexit.
In AB v Olympiako (C-511/19), the Court found that the Greek legislation, adopted in the context of the
economic crisis, placing public sector workers in a labour reserve system is not discriminatory on grounds
of age. In WABE and MH Müller Handel (C-804/18 and C-341/19), the Court clarified what circumstances
could justify differential treatment indirectlybasedonreligionorbelief.TheCourtconfirmed the direct
effect of the principle of equal pay for male and female workers enshrined in Article 157 TFEU for
cases of work of equal value in Te sc o S to re s (C-624/19).In Team Power Europe (C-784 /19), the Court spe-
cified under which criteria a temporary-work agency could be considered as pursuing ‘substantial activities’
in a Member State. In A(C-535/19), the Court held that a Member State cannot exclude an economically
inactive EU citizen from its public sickness insurance system but does not have to grant access free of
charge. In FORMAT (C-879/19), the Court confirmed that Article 14(2) of Regulation 1408/71 does not
apply to a person who, under a single employment contract concluded with a single employer, works in
several Member States for more than 12 months in each of those Member States. Finally, in PF (C-27/
20), the Court dealt a national legislation which uses the penultimate year preceding the payment period
as the reference year for the calculation of family allowances to be allocated.
Keywords
equal treatment, social assistance, Brexit, single permit Directive, temporary-work agency, equal
pay for male and female workers, economically inactive citizen
Corresponding author:
Pauline Melin, Maastricht University, Maastricht, the Netherlands.
Email: pauline.melin@outlook.com
Case Reports
European Journal of Social Security
2021, Vol. 23(4) 379–391
© The Author(s) 2021
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DOI: 10.1177/13882627211050083
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