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Advocate General says holiday pay does accrue during sick leave
- Bircham Dyson Bell
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- European Union, United Kingdom
- -
- February 29 2008
The Advocate General has disagreed with the Court of Appeal’s finding in Stringer v HMRC that the right to statutory (not contractual) paid holiday does not accrue to an employee absent on long term sickness
Patenting computer software
- Bircham Dyson Bell
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- European Union, United Kingdom
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- July 19 2007
It's supposed to be pretty clear that computer software cannot be patented in Europe: the Patents Act in the UK, and the European Patent Convention, both say unequivocally that a program for a computer as such cannot be the subject of a patent
International corporate insolvency
- Bircham Dyson Bell
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- European Union, United Kingdom
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- September 10 2007
What and where is a company's ‘centre of main interest’ its COMI and why should you care?
Trade marks round-up: similarity of goods and the issue of distinctiveness
- Bircham Dyson Bell
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- European Union, United Kingdom
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- September 24 2007
The question of how distinctive a trade mark has to be in order to gain registration has, once again, come under the microscope, as shown by the recent glut of cases debating this point
ECJ rules on ‘disability discrimination by association’
- Bircham Dyson Bell
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- European Union
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- July 25 2008
The ECJ has ruled on associative discrimination in Coleman v Attridge Law, agreeing with the Advocate General that the Equal Treatment Directive is intended to protect not only those employees who are themselves disabled but those who are the primary carers for a disabled person, in this case Mrs Coleman’s young son
ECJ agrees with Advocate General in Feryn
- Bircham Dyson Bell
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- European Union
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- September 2 2008
The ECJ has followed the Advocate General’s decision in Centrum voor Gelijkheid van Kansen en voor Racismebestrjding v NV Firma Feryn that a public statement made by a prospective employer that Moroccans need not respond to a job advert was direct race discrimination
ECJ rules on pay during maternity suspension
- Bircham Dyson Bell
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- European Union, United Kingdom
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- August 10 2010
The issue of pregnant workers' loss of supplementary allowances during maternity suspension and alternative work was considered by the ECJ in Gassmayr v Bundesminister fuer Wissenschaft und Forschung and Parviainen v Finnair Oyj
ECJ decision on objective justification in age discrimination
- Bircham Dyson Bell
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- Bulgaria, European Union
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- January 5 2011
The ECJ in Georgiev v Technicheski universitet - Sofia, filial Plovdiv held that in principle it was reasonable for Bulgarian national law to compulsorily retire university professors who reach the age of 68 and who can only work beyond the age of 65 by means of fixed term contracts concluded for a period of one year and renewable at most twice
Advocate General gives opinion in Heyday
- Bircham Dyson Bell
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- European Union, United Kingdom
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- October 17 2008
The Advocate General has finally delivered his Opinion in the case brought by the trustees of the National Council for Ageing (otherwise known as Heyday) which sought to establish that Regulation 30 of the Age Regulations (which provides that employees over the age of 65 who are compulsorily retired cannot claim age discrimination) was counter to the intention of the Equal Treatment Framework Directive
Legality of linking pay to age
- Bircham Dyson Bell
- -
- European Union
- -
- November 28 2011
In Hennigs v Eisenbahn-Bundesamt and Land Berlin v Mai C the ECJ considered whether a measure in a collective agreement which linked the basic pay of public sector workers to their age was in breach of the Equal Treatment Directive
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