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LEGAL NEWSLETTER OF UNION SYNDICALE
Staff Matters is a newsletter to keep you regularly informed about latest developments in EU case law on staff matters and other useful legal news relevant for staff
This newsletter is about the important subject of invalidity, at the example of a recent judgment of the Court of Justice which confirms that the term invalidity in the context of the entitlement of staff to an invalidity allowance can only be interpreted as an incapacity to fulfil the duties within the own institution.Read more
In this newsletter, we present a recent judgment of the General Court on the review of an appraisal report. An action against such a report (once final) can be filed directly, without going through the complaint procedure and without being obliged to lodge an appeal.Read more
An important judgment of the Court of Justice (ECJ) on the pension rights of contract staff and on effective judicial protection. The benefits of the transitional regime for staff other than officials who had already contracts before 2004 or 2014 also apply to the many colleagues who cannot show to have worked in “functional continuity” (due to various functions on the basis of various contracts).Read more
The European Court of Justice (ECJ) ruled on the term “unauthorised absence” of an official in the sense of Art. 60 SR. As the Court decided, “absence” means physical absence. The provisions for disciplinary measures shall not be bypassed by applying the “unauthorised absence” concept in a too broad sense.Read more
The General Court annulled the Commission’s disciplinary sanction to terminate a contract without notice. As a matter of unity of the personal file, a disciplinary measure must not take into account those elements of the personal file that have been removed from it.Read more
A case decided by the General Court in which it annulled the decision not to promote an official. The promotion procedure was vitiated because it took into account also earlier reports relating to the probation period of the applicant, instead of being solely based on appraisal reports.Read more
This newsletter treats a very recent interim measure handed down by the General Court in which it ordered that the EIT (in Budapest) has to allow the applicant to do telework from her place of origin in Germany, until the time of lifting of the restrictions linked to the health crisis imposed by the authorities in Germany and Hungary.Read more
This newsletter treats a case decided by the General Court relating to the recognition of the occupational nature of a disease. The medical opinion issued by the Medical Committee was judged irregular, because the Committee was not able to examine all the available documents.Read more
In this newsletter, we report on a recent decision of the General Court on reimbursement of medical expenses. For the rental of a medical device, the appointing authority – in the absence of an explicit reimbursement ceiling in the applicable rules – chose to apply the same ceiling that is prescribed for the purchase of that device.Read more
We report in this newsletter about a recent decision of the General Court confirming the staff’s right to strike. The Court ruled that during an action of strike the European Parliament (EP) had no legal basis to requisition interpreters and conference interpreters.Read more
This newsletter deals with a recent decision of the General Court on the question whether the law allows a superior to be an impartial appeal body for review of the appraisal report of a staff member, in case the same superior had played an important role in setting up the respective appraisal report before, as a reporting officer.Read more
This newsletter treats a recent case on contract termination during sick leave. The General Court annulled the dismissal decision of the European Environment Agency and awarded certain allowances to the applicant as well as compensation of 6,000 Euro for non-material damage suffered.Read more
This newsletter is dedicated to the subject of discrimination based on language. It presents two recent judgments of the Grand Chamber of the European Court of Justice. Differences of treatment based on language are, in principle, not allowed in the procedures for selecting staff for the EU institutions.Read more
This newsletter on a decision of the General Court of 8 May 2019 treats a question with considerable practical significance for all staff approaching or having reached their retirement age. The Court decided that it is not allowed to place an official on leave in the interests of the service if the person has already reached his/her pensionable age.Read more
This issue deals with a recent decision of the Court on pension rights, particularly on the question of whether there is a continuity of service for the EU and – related to this – whether previous, more beneficial, provisions on pension apply, although the official during most of her career has not worked in the Commission, but within EU agencies.Read more
This issue will focus on the invalidity allowance. The applicant in case RI / Council, having worked for several years as a translator for the Council, suffered from health problems at her left hand. The procedure to acknowledge her illness as an occupational disease was successful, while the Council refused to acknowledge it.Read more
We will focus on the assistance that is – or should be – given by institutions to victims of harassment. A Member of Parliament (MEP) requested the employing authority to terminate her assistant’s (the applicant of the case) contract by stating that the assistant, without permission, had not come to work for one week.Read more
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The whole history of Union Syndicale is based on solidarity. Solidarity between colleagues, to help each other. But also, to make ourselves heard together, in the face of the employer, in the face of abuses of power, in the face of everything that jeopardises the European Union’s public service.