Overview of recent cases before the Court of Justice of the European Union (March 2021-September 2021)

Pauline Melin*, Susanne Sivonen

*Corresponding author for this work

Research output: Contribution to journalArticleAcademicpeer-review

Abstract

InO.D. and Others v INPS (C-350/20), theCourt dealt with the refusal of the Italian authorities to grant childbirth 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 assistance to an economically inactive EU citizen resident under theUK 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 indirectly based on religion or belief. The Court confirmed 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 Tesco Stores (C-624/19). In Team Power Europe (C-784/19), the Court specified 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.
Original languageEnglish
Pages (from-to)379–391
Number of pages13
JournalEuropean Journal of Social Security
Volume23
Issue number4
DOIs
Publication statusPublished - Dec 2021

Keywords

  • equal treatment
  • social assistance
  • Brexit
  • single permit Directive
  • temporary-work agency
  • equal pay for male and female workers
  • economically inactive citizen

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