Industrial Relations in Europe 2012 - European Commission - Europa

In Case C-556/11 170 , the ECJ ruled that the non-discrimination requirement did not allow the
refusal to pay a six-yearly continuing professional education increment to fixed-term
professors, when their work was not different from that of professors having a civil servant
status.
In Joined Cases C-302/11 to C-305/11 171 , the Court ruled that the non-discrimination
requirement prohibits rules that prevent relevant periods of service of fixed-term staff from
being taken into account when that staff becomes part of the permanent staff, unless there are
objective grounds for doing so.
In relation to Directive 2003/88/EC (working time), nine rulings were issued by the ECJ.
This Directive lays down minimum general safety and health requirements for the
organisation of working time.
In Case C-243/09 172 , the ECJ decided that the Directive precludes national rules which allow
a public sector employer to transfer a worker compulsorily to another service on the ground
that he had asked that his average required weekly working time should comply with the
maximum limit (48 hours) laid down in the Directive.
In Case C-428/09 173 , the ECJ underlined that the minimum daily and weekly rest periods laid
down by the Directive must apply to all workers, including persons employed under
'educational commitment contracts', carrying out casual and seasonal activities in holiday and
leisure centres, who were outside the scope of national rules transposing the Directive.
In Case C-429/09 174 , the ECJ clarified the conditions under which a worker can seek
reparation from a Member State for infringement of the Directive.
In Case C-258/10 175 , the ECJ clarified the need of physical presence of the worker and their
availability to their employer for purposes of the qualification as working time.
In Case C-519/09 176 , the ECJ confirmed that the concept of ‘worker’ includes an employee
of a public law body who is subject to the rules applicable to public servants.
In Case C-155/10 177 , the ECJ clarified which components of a worker's remuneration have
to be taken into account for the purposes of calculating payment during annual leave.
In Case C 214/10 178 , the ECJ ruled that where a worker has been unfit for work due to illness
during several consecutive years, the Directive does not preclude fixing limits to the
accumulation of his rights to carry over paid annual leave in respect of those years, subject to
specified conditions.
170 Judgment of the Court of 9 February 2012 – Lorenzo-Martinez
171 Judgment of the Court of 18 October 2012 – Valenza et al.
172 Judgment of the Court of 14 October 2010. Fuß
173 Judgment of the Court of 14 October 2010 Union syndicale "Solidaires Isère"
174 Judgment of the Court of 25 November 2010 Günter Fuß v Stadt Halle
175 Order of the Court of 4 March 2011. Nicuşor Grigore
176 Order of the Court of 7 April 2011. Dieter May
177 Judgment of the Court of 15 September 2011. Williams and Others. (The case concerns the Civil Aviation
Working Time Directive (directive 2000/79/EC), but it was decided on the basis that the relevant provision is
identical to that contained in Directive 2003/88/EC.)
178 Judgment of the Court (Grand Chamber) of 22 November 2011. KHS AG
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