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Results: 1-10 of 14

European Court of Justice considers the validity of Flemish legislation limiting eligibility to a care insurance scheme

  • Edwards Wildman Palmer LLP
  • -
  • Belgium, European Union
  • -
  • April 10 2008

In Government of the French Community, and Walloon Government v Flemish Government Case C-21206, ECJ (Grand Chamber), the European Court of Justice (ECJ) determined that Flemish legislation limiting eligibility to a care insurance scheme was contrary to European provisions concerning the right to freedom of movement within the European Community (EC) in so far as the care insurance scheme included a residence requirement that excluded persons who worked in the Flemish region or in the bilingual Brussels-Capital, but who resided in another part of the national territory (ie the French or German speaking region

Sick of holidays: recent rulings by the European Court of Justice and House of Lords on the Working Time Directive have implications for Ireland

  • Matheson
  • -
  • European Union, Ireland, United Kingdom
  • -
  • January 13 2010

In Ireland, the Organisation of Working Time Act, 1997 links an employee’s entitlement to paid annual leave with hours worked

Maximum age for doctors and dentists could be justified

  • Shepherd & Wedderburn LLP
  • -
  • European Union, Germany
  • -
  • February 11 2010

The ECJ has considered the legality of legislation introducing a maximum age of 68 for doctors and dentists in the German NHS

European Court of Human Rights (ECHR) ruling regarding confidentiality of medical records

  • Mills & Reeve LLP
  • -
  • European Union
  • -
  • September 8 2008

The applicant in the case of I v Finland was a nurse working in a specialist eye clinic within a hospital

Employment highlights

  • Norton Rose LLP
  • -
  • European Union, United Kingdom
  • -
  • March 17 2010

In the July 2009 edition of Employment Highlights, we considered the House of Lords' decision in Stringer and others v HMRC (previously Commissioners of IR v Ainsworth) (case C-52006) on claims for holiday pay of those on long-term sick leave

Workers can reclaim holidays lost to sickness

  • Howes Percival LLP
  • -
  • European Union, United Kingdom
  • -
  • September 28 2009

The European Court of Justice (the "ECJ") has held that, where a worker is sick during a period of pre-arranged annual leave, they should be given the opportunity to take that period of annual leave at a later date, even if this will fall in the worker's next annual leave year

Holiday pay and the long-term sick

  • MacRoberts LLP
  • -
  • European Union, United Kingdom
  • -
  • September 23 2009

The subject of employees on long-term sick leave and their holiday pay entitlement has been the subject of a long-running saga spanning some ten years, which has seen a referral to the European Court of Justice (ECJ) and has ultimately been decided recently by the House of Lords

Working time: EU law allows employees to reclaim holiday if they are ill

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • October 2 2009

A worker who is sick during statutory holiday should be allowed under EU law to take the holiday at a later date, if necessary in the following holiday year, according to the ECJ

ECJ decision on holiday entitlement lost due to illness

  • Jones Day
  • -
  • European Union
  • -
  • October 26 2009

The ECJ has decided that where a worker falls ill before or during a planned period of paid annual leave, he should be given the right to take that portion of statutory annual leave at another time, even if this means carrying it forward into the next year

Workers can reclaim holidays lost due to sickness

  • Mills & Reeve LLP
  • -
  • European Union, Spain
  • -
  • October 9 2009

The European Court of Justice (ECJ) has just issued its judgment in the Spanish case of Pereda v Madrid Movilidad SA, a further decision relating to the Working Time Directive which will have immediate impact for public sector workers

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