Report on European Labour Law and Social Security Law 1/2025

Dear Colleagues,

Issue 1/2025 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 January to March 2025.

Among the cases in the CJEU overview, the opinion on Denmark’s action for annulment of the Minimum Wage Directive deserves emphasis. In it, Advocate General Emiliou argues in favour of annulment of the Directive in its entirety. In the Bervidi case (C-38/24), Advocate General Rantos is of the opinion that indirect discrimination against employed carers of a child with a disability is also prohibited (associated discrimination). Current developments are also taking place in collective redundancy law, where Advocate General Norkus considers the envisaged change in the case law of the German Federal Labour Court on the effect of the standstill period to be non-compliant with EU law (Tomann – C-134/24). In the German referral proceedings in the case of Jobcenter Arbeitplus Bielefeld (C-397/23), Advocate General de la Tour comments on the right of residence in the context of caring for a family member.

Proceedings before the ECtHR concern, among other things, the scope of the Member States’ discretionary powers to restrict freedom of expression in matters of morality and custom (P. v. Poland – No. 56310/15). The judgment in the case N.Ö. v. Turkey (No. 24733/15) concerns a case of sexual harassment in the work context. Newly pending are proceedings on the obligation to maintain minimum service levels for teachers during strike action (Kiss v. Hungary – No. 8412/23).