TY - JOUR
T1 - Overview of recent cases before the Court of Justice of the European Union (March 2021-September 2021)
AU - Melin, Pauline
AU - Sivonen, Susanne
N1 - Funding Information:
The author(s) received no financial support for the research, authorship and/or publication of this article.
Publisher Copyright:
© The Author(s) 2021.
PY - 2021/12
Y1 - 2021/12
N2 - 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.
AB - 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.
KW - equal treatment
KW - social assistance
KW - Brexit
KW - single permit Directive
KW - temporary-work agency
KW - equal pay for male and female workers
KW - economically inactive citizen
U2 - 10.1177/13882627211050083
DO - 10.1177/13882627211050083
M3 - Article
SN - 1388-2627
VL - 23
SP - 379
EP - 391
JO - European Journal of Social Security
JF - European Journal of Social Security
IS - 4
ER -