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Advocate General concludes that qualifying periods can restrict freedom of movement

Herbert Smith Freehills LLP
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European Union, United Kingdom
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December 3 2010

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

Continuous employment for the same employer across different member states should be aggregated for pension purposes ECJ agrees with Advocate General

Herbert Smith Freehills LLP
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European Union
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April 4 2011

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

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Advocate General concludes that qualifying periods can restrict freedom of movement

Continuous employment for the same employer across different member states should be aggregated for pension purposes ECJ agrees with Advocate General

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