Overview of recent cases before the Court of Justice of the European Union (January-march 2022)
| Author | Pauline Melin,Susanne Sivonennn |
| DOI | http://doi.org/10.1177/13882627221094059 |
| Published date | 01 June 2022 |
| Date | 01 June 2022 |
| Subject Matter | Case Reports |
Overview of recent cases
before the Court of Justice
of the European Union
(January-march 2022)
Pauline Melin and Susanne Sivonennn
Maastricht University, Maastricht, The Netherlands
Abstract
In Bezirkshauptmannschaft Hartberg-Fürstenfeld (C-205/20),the Court of Justice was asked to clarify
whether a provision under Directive 2014/67 on the proportionality of penalties in the context of
posting of workers has direct effect. In CJ v TGSS (C-389/20), the Spanish social security legislation
excluding domestic workers from unemployment benefits was under scrutiny in light of the prin-
ciple of non-discrimination on grounds of sex enshrined in Directive 79/7. In HR Rail (C-485/20),
the Court of Justice interpreted the obligation for employers to provide for ‘reasonable accom-
modation’for workers with disabilities, including trainees, under Article 5 of Directive 2000/78.
In Koch Personaldienstleistungen GmbH (C-514/20), the Court determined whether for the pur-
poses of calculating working time and overtime pay, account should be taken only of the hours
actually worked or also of the hours from annual paid leave. Continuing on the importance of
the right to annual leave, the Court ruled, in Staatssecretaris van Financiën (C-217/20), on the remu-
neration of annual leave in situations of permanent incapacity of a worker due to illness. In VB
(C-262/20), the Court considered the compatibility of Bulgarian law on the duration of night
work for civil servants such as firefighters with Directive 2003/88 and the Charter of
Fundamental Rights. Finally, in MIUR et Ufficio Scolastico Regionale per la Campania (C-282/19),
the Court assessed whether the systematic use of successive fixed-term contracts for Catholic
education teachers in Italy could be justified by ‘objective reasons’within the meaning of
Clause 5(1) of the framework agreement.
Keywords
Discrimination based on sex, working time Directive, posted workers, workers with disability,
successive fixed-term contracts
Corresponding author:
Pauline Melin, Maastricht University, Bouillonstraat 1-3 6211 LH Maastricht, The Netherlands.
Email: pauline.melin@outlook.com
Case Reports
European Journal of Social Security
2022, Vol. 24(2) 136–147
© The Author(s) 2022
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DOI: 10.1177/13882627221094059
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