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EU Commission threatens contract violation proceedings against Germany

  • Herbert Smith Freehills LLP
  • -
  • European Union, Germany
  • -
  • April 4 2011

The EU Commission has demanded that Germany provides information on the measures it has taken to implement its ECJ Judgment of 15 July 2010 (C-27108

ECJ: occupational pension schemes for local authority employees are subject to the EU public procurement directives (15 July 2010, C-27108)

  • Herbert Smith Freehills LLP
  • -
  • European Union, Germany
  • -
  • December 3 2010

Under German law, employers are obliged to grant employees the possibility of converting part of their gross salary into pension savings

German Federal Labour Court: no obligation to increase pensions in spite of economically stable parent company

  • Herbert Smith Freehills LLP
  • -
  • Germany, United Kingdom
  • -
  • March 10 2011

According to German law, every three years an employer must adjust its current company pensions to the rise in the cost of living, but only if its financial situation allows it to do this

What happens to direct life insurances in the event of an employer’s insolvency in Germany?

  • Herbert Smith Freehills LLP
  • -
  • Germany
  • -
  • September 30 2010

The Federal Labour Court has ruled on the fundamental issue of who will be entitled to the rights under a life insurance policy concluded by the employer in the employee's favour in the event that an employment relationship comes to an end in the course of the employer's insolvency proceeding

Continuous employment for the same employer across different member states should be aggregated for pension purposes

  • Herbert Smith Freehills LLP
  • -
  • Germany
  • -
  • March 10 2011

In Maurits Casteels v British Airways plc (C-37009), the Advocate General has given her opinion that where an employee has worked for the same employer at different establishments in various member states, and at each establishment, was affiliated to the occupational pension scheme there, the entire period of service with the employer in all member states should be taken into account when looking at qualifying periods under the employer's pension scheme