Case law
The ETUCLEX database displays a selection of European, national and international cases of relevance for the workers', social and trade union rights.
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In this case the complainant organisation, Confédération générale du travail (CGT), alleges that the “indivisible thirtieth” rule which is laid down by
This case of the Court of Justice of the EU (CJEU) concerns EU anti-discrimination law and whether it applies only to employment contracts or also to other t
The case summary below is followed by an analysis provided by Rudolf Buschmann who represented the plaintiff in the proceedings.
In this case, a complaint was lodged by the Confédération française démocratique du travail (CFDT) with the European Committee of Social Rights (the Committe
The judgement delivered by the Court of Justice of the European Union (CJEU) on 18 October establishes that the transformation of a company governed by natio
The facts of this case concern the refusal to consider the application for an internship within a private undertaking in Belgium due to the candidate's
In their complaints, the complainant organisations, CGT-FO and CGT, asked the European Committee of Social Rights (ECSR) to find that the reforms made to the
In this case, the European Committee of Social Rights (ECSR) found that a change in law excluding teachers who obtained a primary school teaching certificate
In this case, the European Committee of Social Rights (ECSR) found Italy’s treatment of “socially useful workers”, and the differences between their social s
In this case, the Court of Justice of the European Union (CJEU) found that a mechanism allowing for the adjustment of family allowances and of various tax ad
This case concerns the right to Freedom of Association as enshrined in Article 11 of the European Convention on Human Rights (ECHR), to freedom of expression
This case concerns the interpretation of Regulation No 1408/71 and Regulation No 883/2004, with regards to establishing the social security legislation appli
In this case the European Court of Human Rights (ECtHR) found that state interference with a trade union’s right to control their membership may constitute a
In its preliminary ruling, the Court of Justice of the European Union (CJEU) delivered a judgement concerning the principle of non-discrimination and the imp
This case concerns the interpretation of Article 5(5) and 1(1) of the Temporary Employment Directive 2008/104/EC, and in particular the meaning of the w
In the present case, the European Court of Human Rights (ECtHR) found that the applicants had been discriminated against on the grounds of trade union member
In this case, the Court of Justice of the European Union (CJEU) established that trainees, just like workers, can be assigned to another position if, owing t
In this case, the applicant, an employee of X-FAB Dresden, was dismissed from his position as data protection officer on the grounds that he was also chairma
In this case, the Court of Justice of the European Union (CJEU) found that EU law precludes a provision in a Collective Agreement for temporary employment (M
This case concerns national legislation precluding Catholic religious education teachers in public schools from the scope of the rules penalising abuse arisi
In this case, the applicants complained of a violation of Article 11 of the European Convention on Human Rights (ECHR) upon being dismissed following a strik
Due to a change in legislation, the applicant, the Yakut Republican Trade-Union Federation (the Federation), was ordered to expel from its ranks a trade unio
The Court of Justice of the European Union (CJEU) delivered a ruling that time spent in vocational training at the premises of a training services provider,
In this case, the UK Supreme Court held that making offers to employees which, if accepted, would result in one or more terms of their employment not be
The case concerned the Commission’s refusal to bring forward a social partner agreement to the Council for adoption in the form of a Directive based on the p
In Joined Cases C‑804/18 and C‑341/19, the CJEU was presented with two requests for a preliminary ruling regarding direct and indirect discrimination on the
In the present case on transnational provision of services in the road transport sector, the CJEU confirmed that the 96/71/EC Posting of Workers Directive an
In this case, the European Court of Human Rights addressed an alleged violation of the freedom of assembly and association as enshrined in Article 11 of the
In this case, the CJEU was requested to clarify whether Article 157 TFEU can be interpreted as having direct effect in proceedings between individuals in whi
In this case, a temporary work agency was denied the possibility to benefit from the legislation of the Member State in which it was established - in relatio
Upon receiving a request for an advisory opinion from the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights took the opport
A strike organised by a trade union of the staff of an air carrier that is intended in particular to secure pay increases does not fall within the concep
Directive (EU) 2015/1535 – Article 1(1)(b) – Definition of‘Information Society services’ – Service putting taxi customers directly in touch with taxi drivers
Reference for a preliminary ruling – Directive 96/71/EC – Article 1(1) and (3) and Article 2(1) –Posting of workers in the framework of the provision of serv
Social policy – Directive 2008/104/EC – Temporary agency work – Article 5(5) – Equal treatment – Appropriate measures to prevent misuse of temporary agency w
Directive 2006/123/EC – Scope – Repeated short-term letting of furnished premises to a transient clientele which does not take up residence there – National
Directive 2000/31/EC — Information society services — Directive 2006/123/EC — Services — Connection of hosts, whether businesses or individuals, with accommo
Reference for a preliminary ruling — Articles 56 and 57 TFEU — Freedom to provide services —Directive 96/71/EC — Applicability — Article 1(3)(a) — Posting of
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work), 4§3 (Right to a fair remuneration - non-discrimination between wome
The complaint was registered on 24 August 2016 and relates to Articles 1(Right to work), 4§3 (Right to a fair remuneration - non-discrimination between women
The complaint was registered on 24 August 2016 and relates to Articles 1(Right to work), 4§3 (Right to a fair remuneration - non-discrimination between women
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work), 4§3 (Right to a fair remuneration - non-discrimination between wome
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work), 4§3 (Right to a fair remuneration - non-discrimination between wome
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work), 4§3 (Right to a fair remuneration - non-discrimination between wome
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work), 4§3 (Right to a fair remuneration - non-discrimination between wome
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work) and 4§3 (Right to a fair remuneration - non-discrimination between w
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work), 4§3 (Right to a fair remuneration - non-discrimination between wome
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work) and 4§3 (Right to a fair remuneration - non-discrimination between w
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work), 4§3 (Right to a fair remuneration - non-discrimination between wome
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work), 4§3 (Right to a fair remuneration - non-discrimination between wome
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work), 4§3 (Right to a fair remuneration - non-discrimination between wome
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work), 4§3 (Right to a fair remuneration - non-discrimination between wome
The complaint was registered on 24 August 2016 and relates to Articles 1 (Right to work), 4§3 (Right to a fair remuneration - non-discrimination between wome
This case concerns an alleged violation of the right to respect for private and family life as per Article 8 of the European Convention on Human Rights (ECHR
Interpretation of Article 56 TFEU and Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71
The complainant organisation alleged that the decision of the Irish Competition Authority prohibiting certain workers - deemed self-employed - such as v
Services in the field of transport — Directive 2006/123/EC —Services in the internal market — Directive 98/34/EC — Information society services — Rule on inf
The complaint registered on 24 March 2015, relates to Articles 5 (the right to organise) and 6 (the right to bargain collectively) of the European Social Cha
The case concerned five employees who worked in duty-free shops at a Turkish airport and the rejection of their claims for overtime pay.
Article 56 TFEU — Article 58(1) TFEU — Services in the field oftransport — Directive 2006/123/EC — Services in the internal market — Directive 2000/31/EC — D
In this case, the applicant, Mr Bărbulescu, complained of a violation of Article 8 of the European Convention on Human Rights (ECHR) which protects the right
The complaint registered on 26 September 2014, concerns Article 1 (the right to work), Article 2 (the right to just conditions of work), Article 4 (the right
In this case the applicants alleged a violation of the Right to Life as enshrined in Article 2 of the European Convention on Human Rights (ECHR).
Directive 98/59/EC — Approximation of the laws of the Member States relating to collective redundancies — Article 49 TFEU — Freedom of establishment — Charte
The complaint registered on 29 April 2014, relates to Article 24 (right to protection in cases of termination of employment) of the Revised European Social C
The complaint, registered on 9 September 2013, relates to Article 5 (the right to organise) of the European Social Charter.
Reference for a preliminary ruling — Articles 56 TFEU and 57 TFEU — Directive 96/71/EC —Articles 3, 5 and 6 — Workers of a company with its seat in Member St
Competition — Article 101 TFEU — Substantive scope —Collective labour agreement — Provision laying down minimum rates for independent serviceproviders — Defi
In this case, the applicants' employer - an airline - had been directed by the Labour Arbitration Court to comply with the demands put forward by its cabin c
In this case, the CJEU established that national legislation making the provision of transnational services subject to obtaining a work permit may constitute
This case was brought to the European Court of Human Rights (ECtHR) by the representative association of prison officers (POA) to challenge the statutory ban
In this case, the National Union of Rail, Maritime and Transport Workers (RMT) alleged that the ballot procedure for strike action and the prohibition of sec
Master builder's obligation to contribute to funding of the National Federation of Industries, although not a member, not justified.
Appeals – Tax relief measures for seafarers employed on board vessels registered in the Danish International Register – Commission decision not to raise obje
Article 49 EC – Freedom to provide services – Restrictions –Directive 96/71/EC – Posting of workersin the context of the provision of services – Procedures f
Interpretation of Articles 12 EC and 49 EC and Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of
Interpretation first, of Article 43 EC, and secondly, of Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide
The complaint, lodged on 16 June 2005, relates to Article 6§4 (right to strike) of the Revised European Social Charter.
Professional body - National Bar - Regulation by the Bar of the exercise of the profession - Prohibition of multi-disciplinary partnerships between members o
Compulsory membership of an occupational pension scheme - Compatibility with competition rules -Classification of an occupational pension fund as an undertak
Compulsory affiliation to a sectoral pension scheme - Compatibility with competition rules - Classification of a sectoral pension fund as an undertaking
Competition — National legislation allowing only 'recognised dockers‘ to perform certain dock duties — Meaning of 'undertaking‘ — Special or exclusive rights