The judgment of the Court of Justice of 12 November 2014 in Guardian Industries Corp and Guardian Europe Sarl v Commission, C-580/12 P, EU:C:2014:2363, is a rare instance of the Court of Justice on appeal reducing the amount of a fine imposed for the breach of the competition rules that had been upheld at first instance by the General Court. Continue reading
Certain Member States were concerned about the so-called “welfare tourism”, i.e. the possibility of nationals of another Member State to enter their territory “solely” in order to claim benefits. Yesterday’s judgment in Case C-333/13 Dano comes to relieve those concerns.
In short the facts of the case can be summarised as follows. Ms Dano and her son, Romanian nationals, entered Germany and live in the city of Leipzig. Ms Dano receives child benefit for her son as well as another allowance paid out for a children, whose father’s identity is unknown (in total 317 Euro). In the background to the case, there is nothing to indicate that she has looked for a job in Germany. The case in the main proceedings was initiated when Ms Dano’s application for the grant of benefits by way of basic provision for jobseekers was rejected by the German administration (the child’s benefits are not at issue).
In a previous post, we have looked at the protection guaranteed under EU law, and especially Directive 2006/54/EC on the implementation of equal opportunities and equal treatment of men and women in matters of employment and occupation, for women in relation to pregnancy and maternity. However what about mothers who have had a baby through a surrogacy agreement? Does EU law also apply to them?
On 18 March 2014 the Court of Justice (“CoJ”) delivered its judgments in two preliminary reference cases (see jugdment in Case C-167/12 and judgment in Case C-363/12) answering this question in the negative.
On 6 March 2014, the Court of Justice (“CoJ”) delivered its judgment on a preliminary reference case (Case C-595/12 Loredana Napoli v Ministero della Giustizia) regarding the interpretation of Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation.