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On 10 March 2011, the ECJ held (agreeing with the opinion given by the Advocate General) in Maurits Casteels v British Airways plc (C-37009), that a vesting rule in British Airways' German pension scheme, which did not allow for an employee's continuous period of service across different member states to be taken into account, breached the provisions in the Treaty on the Functioning of the European Union concerning freedom of movement for workers
Employers who transfer employees between member states may need to consider how to ensure that members' benefits are not adversely affected by the transfer in light of a decision of the Advocate General in Maurits Casteels v British Airways plc (C-37909
