LAG Schleswig-Holstein of February 26 2019 - 2 TaBV 14/18 The works council has no entitlement to the Provision or Inspection of Personnel Turnover Statistics or Appendices thereto, if the Employer only uses these for Statistical Purposes and for Internal Controlling. The personnel turnover statistics in this case are not an instrument for personnel planning ...
The prohibition of discrimination against fixed-term employees has already been the subject of a large number of decisions by both the ECJ and the BAG [German Federal Labor Court]. According to these decisions, fixed-term workers may not receive poorer terms of employment compared to comparable permanent employees simply because of their fixed-term employment status. Rather, such would require substantive justification ...
The German Federal Labor Court (BAG) ruled by judgment of January 31, 2019 (ref. no. 2 AZR 426/18) that, under certain circumstances, the employer may lawfully review data on an employee's work computer even if there is no suspicion based on factual evidence of a breach of duty. This applies to minor encroachments on personal rights, for example, in the case of actions carried out openly and restricted to files that are not marked as "private" ...
In its decision of 9 April 2019 (ref. no.: 1 ABR 51/17), the German Federal Labor Court (BAG) took position on the right of the works council to request information from the employer according to Section 80 (2) of the German Works Constitution Act (BetrVG) and clarified what data protection restrictions such a request is subject to ...
The Cape Town Convention on International Interests in Mobile Equipment of 16 November 2001 (the the “CTC”) and its Protocol on Matters Specific to Aircraft Equipment has since its adaption in 2001 grown to be the overruling legal framework in the aviation industry, providing banks, airlines and leasing companies with an international unified regime on acknowledgement and enforcement of security interests in aircraft ...
For the first time, the Irish High Court has been asked to make a blocking order in regard to the illegal live streaming of Premier League games. Instead of watching Premier League games through legitimate and licensed services, some people were seeking to do so free of charge ...
The High Court of Justice held that travel agents are not permitted to sell insurance products for outside of Israel. This is in accordance with the decision of the Ministry of Finance’s Commissioner of Capital Markets, Insurance and Savings. In July 2019, the High Court of Justice rendered its decision in the matter 2969/19 The Israel Association of Travel Agencies and Consultants v. The Commissioner of the Capital Markets, Insurance and Savings Authority ...
The German Federal Ministry of Justice and Consumer Protection (BMJV) has submitted its long-awaited proposal for a Corporate Sanctions Act (VerSanG). When corporate crimes are committed, it is making provisions for independently prosecuting the entire organization in addition to prosecuting single perpetrators ...
Strict data protection requirements apply to the use of location tracking systems both in the employment context and in cooperation with other companies. In its partial judgement from March 19, 2019, the Lüneburg Administrative Court ruled in compliance with the provisions of the General Data Protection Regulation and the new Federal Data Protection Act (BDSG) that unrestricted tracking of employee vehicles is impermissible ...
Frithjof Herlofsen of Simonsen Vogt Wiig successfully represented an Italian shipowner in a loss of hire cover dispute against Gard. The rushed response of the Nordic Plan Revision Committee to include "Anti-Hamburg" wording in the revised 2019 Commentary to the Nordic Plan raise several concerns. Overview ...
A website operator that embeds third party plugins on its website may become a joint controller in relation to the website visitors' personal data together with the third party service provider, according to a preliminary ruling by the Court of Justice of the European Union (CJEU) in case C-40/17 Fashion ID. The judgment upholds the broad interpretation of joint controllership of personal data established by the CJEU in its recent case law ...
The Court of Justice of the European Union ("CJEU") published its long-awaited decision on the use of the Facebook Like-Button on July 29, 2019 (Case C-40/17). One major aspect of the judgment is the question to what extent Facebook and website operators who incorporate the Like-Button into their website are joint controllers under European data protection law. As a result, the CJEU affirms this question and takes a firm stand on the conditions for joint controllership ...
If, in the course of an in-depth assessment, the EU Commission finds that an unlawfully granted aid is incompatible with the internal market, it is obliged under Article 16 of the Procedural Regulation 2015/1589 to order the recovery of the aid by the Member State. On 23 July 2019, the Commission published an updated notice on recovery (2019/C 247/01) ...
Although under the Treaty on the Functioning of the European Union, the European Commission has limited power regarding infrastructure policy, which remains a Member state competence, recent rulings of the ECJ regarding ports and airports have allowed it to extend its role in this area by applying the State aid rules to infrastructure financing ...
On 09 July 2019, the Plenum of the Supreme Court of the Russian Federation enacted the Resolution “On application of conflict rules by the courts of the Russian Federation” (hereinafter – the “Resolution”). In this Resolution, the Supreme Court of the Russian Federation (hereinafter – the “Supreme Court”) confirmed some approaches to interpretation of conflict rules elaborated in the court practice and the doctrine ...
Anyone in Germany who wants to make calls outside the city is sometimes not able to do so due to the numerous "white spots" in the mobile network infrastructure. In most areas of Germany, a comprehensive infrastructure is not guaranteed. An expansion by the telecommunications companies (TC) is also not foreseeable in the next three years. Therefore, many municipalities and administrative districts want to eliminate these "white spots" on their own ...
On 29 July 2019 the Court of Justice of the European Union (CJEU) concluded that website operators can be deemed joint controllers under the GDPR together with social media providers for using plug ins, such as Facebook Like buttons. However, the parties are joint controllers only in respect of the collection and transmission of personal data to the social media provider, and not in respect of subsequent processing by the social media provider ...
In a country with a significant number of mature fields and few discoveries made and/or developed in the last years, the Romanian National Authority for Mineral Resources has recently launched a public call for tender for the concession of 28 exploration, development and exploitation petroleum blocks, both onshore and offshore (Licensing Round XI/2019) ...
Effective 1 January 2020, new rules pertaining to whistleblowing will enter into force.On 11 June 2019, the Norwegian Parliament passed a resolution that all provisions of the Working Environment Act Chapter 2 A shall be amended. The changes in the law mainly contribute to clarification and precise formulation of judicial status so as to make the provisions more accessible and understandable to the users of the law ...
Currently, 33% of Ireland's Greenhouse Gas emissions are produced as a result of agricultural activities. In order to reduce emissions there must be a change in farming methods; opportunities are also present in the areas of forestry, bioenergy and land-use practices. While reducing emissions, policy in this area must also aim to: Maintain the "green" brand image of Irish food exports abroad ("Origin Green" etc.). Maintain good prices for producers ...
In our newsletter article of March 2019, which was only based on press release No. 9/19 of the BAG [German Federal Labor Court] regarding the judgment of Feb. 19, 2019 - 9 AZR 541/15, we addressed the new case law of the BAG for informing the employer about existing vacation entitlements. In a similar case (also judgment of Feb ...
BAG, judgment of Apr. 9, 2019 – 1 ABR 30/17 The transfer of an employee after the loss of job to the care of an in-house "Job Service and Placement" unit constitutes a transfer requiring consent within the meaning of Sec. 99 para. 1 BetrVG [German works constitution act]. If the selection procedure is carried out by the parties pursuant to a framework agreement, the instruction in the approval procedure also covers the selection procedure ...
Financing in the shipping industry has changed and will continue to change in the following years. The new IMO 2020 Regulations on low sulphur fuel and the IMO strategy on greenhouse gas emissions (GHG emissions) put more pressure on the shipping industry in the aftermath of the worldwide financial crisis. The need for the development of new financial structures in the shipping industry was therefore profound ...
BAG of Feb. 19, 2019 – 3 AZR 219/18 So-called "late marriage clauses" in surviving dependants' pension commitments may constitute an unjustified age discrimination and can therefore be ineffective, unless a specific cut-off date can be justified on the basis of a specific connecting factor particularly linked to the legal structure principles of company pension schemes. FACTS OF THE CASE A widow filed a complaint with regard to a widow's pension before the labor courts ...
Federal Labor Court (BAG), judgment of Dec. 11, 2018 – 9 AZR 161/18 An enhanced vacation entitlement on grounds of age where employees who have not yet reached the age of 50 are granted at least three days less vacation than older employees violates the prohibition of discrimination of Sec. 7(1) in conjunction with Sec. 1 AGG ...
