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
LEGAL NEWSLETTER OF UNION SYNDICALE – BRUXELLES
Through Staff Matters, Union Syndicale will keep you regularly informed about latest developments in EU case law on staff matters and other useful legal news relevant for staff.
It will treat subjects like e.g. your rights in promotion, invalidity, entitlements and benefits, pension, the duty of care, holidays, insurance, damage claims, filing complaints and procedural questions as well as deadline observance.
This is to increase your knowledge and capacity to defend your rights appropriately.
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