Results: 87

• Süzen v Zehnacker Gebäudereinigung GmbH Krankenhausservice

  11 Mar 1997 (Case C-13/95); EU:C:1997:141; [1997] ICR 662, ECJ

  Subsequent considerations : 3 positive; 1 neutral; 1 negative. Subsequent citations: 37.
  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer
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  Case index catchwords

  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer — Cleaning contract with one undertaking terminated and contract awarded to another undertaking — No transfer of assets between undertakings — Whether “transfer of an undertaking, business or part of a business” — Council Directive (77/187/EEC), art 1(1)

  1 Case considered
• Henke v Gemeinde Schierke

  15 Oct 1996 (Case C-298/94); [1997] ICR 746; EU:C:1996:382, ECJ

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 15.
  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer
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  Case index catchwords

  EMPLOYMENT — Transfer of undertaking — Whether relevant transfer — Transfer of administrative functions between public administrative authorities — Whether “transfer of an undertaking, business or part of a business” — Council Directive (77/187/EEC), art 1(1)

  1 Words & Phrases considered

  1 EU Enactment considered
• Preston v Wolverhampton Healthcare NHS Trust (Fletcher v Midland Bank plc)

  13 Feb 1997 [1997] ICR 899, CA

  05 Feb 1998 [1998] 1 WLR 280; [1998] ICR 227; [1998] 1 All ER 528, HL(E)

  16 May 2000 (Case C-78/98); EU:C:2000:247; [2001] 2 AC 415; [2001] 2 WLR 408; [2000] ICR 961, ECJ

  Subsequent considerations : 4 positive; 4 neutral; most recently considered: 2023. Subsequent citations: 96.
  DISCRIMINATION — Sex — Equal pay

  EUROPEAN UNION — Social policy — Men and women
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  Case index catchwords

  DISCRIMINATION — Sex — Equal pay — Part-time employees' retrospective claims time-barred and restricted by national legislation — Whether legislation compatible with Community law — Questions for reference to European Court of Justice — Successive contracts of employment with same employer — Whether “the employment” limited to specific contract — Equal Pay Act 1970, s 2(4)(5) (as amended by Sex Discrimination Act 1975, s 8(6), Sch 1 Pt 1, para 2 and modified by Occupational Pension Schemes (Equal Access to Membership) Regulations 1976, reg 12(1)) — EC Treaty, art 119

  DISCRIMINATION — Sex — Equal pay — Part-time employees' retrospective claims time-barred and restricted by national legislation — Whether legislation compatible with Community law — Principles of effectiveness and equivalence — Equal Pay Act 1970, s 2(4)(5) (as amended by Sex Discrimination Act 1975, s 8(6), Sch 1, Pt I, para 2 and modified by Occupational Pension Schemes (Equal Access to Membership) Regulations 1976, reg 12(1)) — EC Treaty, art 119

  EUROPEAN UNION — Social policy — Men and women — Equal pay — Membership of an occupational pension scheme — Part-time workers — Exclusion — National procedural rules — Principle of effectiveness — Principle of equivalence

  10 Case(s) considered

  1 Words & Phrases considered

  5 EU Enactments considered

  1 Statute considered

• Atkins v Wrekin District Council

  11 Jul 1996 (Case C-228/94); [1997] ICR 75; EU:C:1996:288, ECJ

  Subsequent citations: 2.
  EUROPEAN COMMUNITY — Social security — Equal treatment provisions for men and women
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  Case index catchwords

  EUROPEAN COMMUNITY — Social security — Equal treatment provisions for men and women — Local authority concessionary travel scheme pursuant to statutory power — Scheme applying to men over 65 and women over 60 and others — Whether within social security equal treatment provisions — Transport Act 1985, s 93 — Council Directive (79/7/EEC), art 3(1)

  1 Case considered

  1 EU Enactment considered

  1 Statute considered

• R v Secretary of State for Social Security, Ex parte Sutton (Sutton, Ex parte)

  22 Apr 1997 (Case C-66/95); EU:C:1997:207; [1997] ICR 961, ECJ

  EUROPEAN COMMUNITY — Social security — Equal treatment provisions for men and women
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  Case index catchwords

  EUROPEAN COMMUNITY — Social security — Equal treatment provisions for men and women — Benefit initially refused to woman claimant — Arrears of benefit ordered after finding of unjustified sex discrimination — Whether claimant entitled to interest on arrears — Liability of state to make reparation for loss caused by breach of Community law — Council Directive (79/7/EEC), art 6

  2 Case(s) considered

  1 EU Enactment considered

  1 Statute considered
• United Kingdom of Great Britain and Northern Ireland v Council of the European Union (supported by Kingdom of Spain, Intervener)

  12 Nov 1996 (Case C-84/94); EU:C:1996:431; [1997] ICR 443, ECJ

  Subsequent considerations : 1 neutral. Subsequent citations: 67.
  EUROPEAN COMMUNITY — Council Directive — Validity
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  Case index catchwords

  EUROPEAN COMMUNITY — Council Directive — Validity — Directive on organisation of working time — Whether for protection of workers' health and safety — Proper basis for adoption of Directive — Whether Directive to be annulled wholly or in part — EC Treaty, art 118a — Council Directive (93/104/EC), art 5

  2 EU Enactments considered
• Viho Europe BV v Commission of the European Communities

  12 Jan 1995 (Case T-102/92); EU:T:1995:3; [1995] ICR 1050; [1995] All ER (EC) 371; [1997] 4 CMLR 469; [1995] ECR II-17; The Times, 31 January 1995, CFI (President R Schintgen, Judges R Garcia-Valdecasas, H Kirschner, B Vesterdorf and C W Bellamy)

  24 Oct 1996 (Case C-73/95P) (Case C-73/95 P); EU:C:1996:405; [1997] ICR 130; [1997] All ER (EC) 163; [1997] 4 CMLR 419; [1996] ECR I-5457; The Times, 9 December 1996, ECJ (President of Chamber G F Mancini, Judges C N Kakouris and H Ragnemalm Advocate General C O Lenz)

  Subsequent considerations : 1 negative. Subsequent citations: 11.
  EUROPEAN COMMUNITY — Free competition — Restriction or distortion of competition

  EUROPEAN COURT OF JUSTICE — Appeal to — Jurisdiction
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  Case index catchwords

  EUROPEAN COMMUNITY — Free competition — Restriction or distortion of competition — Parent company selling products through subsidiaries established in member states — Subsidiaries having separate legal personalities but no real autonomy — Whether competition rules applicable — EEC Treaty, art 85(1)

  EUROPEAN COURT OF JUSTICE — Appeal to — Jurisdiction — Pleas in appeal not specifying alleged flaws in judgment challenged — Whether admissible — Statute of the Court of Justice of the EC (EC Treaty, Protocol No (B)), art 49 — Rules of Procedure of the Court of Justice, art 112(1)(c)

  EUROPEAN COMMUNITY — Free competition — Restriction or distortion of competition — arent company selling products through subsidiaries established in member states — Parent and subsidiaries forming single economic unit — Whether competition rules applicable — E.E.C. Treaty (Cmnd. 5179-II), art. 85(1)

  6 Case(s) considered

  3 EU Enactments considered
• Rutten v Cross Medical Ltd

  09 Jan 1997 (Case C-383/95); [1997] ICR 715; EU:C:1997:7, ECJ

  Subsequent considerations : 2 neutral. Subsequent citations: 20.
  CONFLICT OF LAWS — Jurisdiction — Employment
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Employment — Employee working in several states party to Brussels Convention — Proceedings after dismissal — Criteria for determining “place … where the employee habitually carries out his work” — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 (as amended), art 5(1)

  1 Words & Phrases considered

  1 International Agreement considered
• R v Secretary of State for Trade and Industry, Ex parte Unison (GMB, Ex parte, National Association of Schoolmasters and Union of Women Teachers, Ex parte, R v Secretary of State for Trade and Industry, Ex parte GMB, R v Secretary of State for Trade and Industry, Ex parte National Association of Schoolmasters and Union of Women Teachers, Unison, Ex parte)

  15 May 1996 [1996] ICR 1003, DC

  Subsequent considerations : 1 neutral. Subsequent citations: 32.
  EUROPEAN COMMUNITY — Council Directive — Implementation
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  Case index catchwords

  EUROPEAN COMMUNITY — Council Directive — Implementation — Employers' obligations to consult employees affected by redundancy and transfer of undertaking — Amendment of primary legislation by regulations made by Secretary of State — Whether ultra vires — Whether Directives properly transposed into United Kingdom law — European Communities Act 1972, s 2(2) — Trade Union and Labour Relations (Consolidation) Act 1992, s 188 — Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995, regs 3(2), 8 — Council Directive (75/129/EEC), art 2 — Council Directive (77/187/EEC), arts 4(1), 6(1)(2)

  3 Case(s) considered

  2 EU Enactments considered

  2 Statutes considered

  1 Statutory Instrument considered

• Secretary of State for Trade and Industry v Forde

  03 Oct 1996 [1997] ICR 231, EAT

  EMPLOYMENT — Employer's insolvency — Partnership
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  Case index catchwords

  EMPLOYMENT — Employer's insolvency — Partnership — Employer partnership comprising two partners ceasing to trade — One partner adjudged bankrupt — Employee applying to Secretary of State — Whether “employer … insolvent” — Employment Protection (Consolidation) Act 1978, ss 122(1), 127(1) (as amended by Insolvency Act 1985, Sch 8, para 31(5))

  1 Words & Phrases considered

  1 Statute considered