HSI Report on European Labour and Social Security Law 4/2023

Issue 4/2023 of the HSI Report on European Labour and Social Security Law has now been published. It presents an overview of the current proceedings and the new judgments before the CJEU and the ECtHR. The report covers the period from October to December 2023.

The fourth quarter of 2023 brought some notable decisions. The Lufthansa CityLine case (C-660/20) decided by the CJEU deals with the conflict between collective bargaining autonomy and protection against discrimination for part-time employees. According to the underlying collective labour agreement, flight personnel receive a bonus if they are on duty for more than a fixed number of flight hours.

There are also several other relevant proceedings before the CJEU to report on. The decision of the Court of Justice in the AP Assistenzprofis case (C-518/22) dealt with how the request of a person with a disability for an assistant of a certain age should be assessed in terms of discrimination law. The Grand Chamber ruled on a "headscarf ban" for administrative employees in the Commune d'Ans case (C-148/22).

On 14 December 2023, the ECtHR concluded a high-profile case on a special feature of German law, the ban on civil servant strikes (No. 59433/18 - Humpert et al. v. Germany).