07 Mai European Court of Justice – May 2025
Reference for a preliminary ruling – Social policy – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Indirect discrimination on ground of sex – Method of calculating the pension for permanent incapacity as a result of an accident at work – Taking into account the actual remuneration on the date of the accident at work – Reduction in working hours to care for children under the age of 12.
ECJ, 10 April 2025, Case C 584/23, Alcampo and Others.
Article 4(1) of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as not precluding legislation of a Member State which provides that a permanent incapacity pension as a result of an accident at work is calculated on the basis of the salary actually received by the worker on the date of the accident, including a worker who benefited, on that date, from a measure for the reduction in working hours to care for a child, in a situation where the group of workers who benefit from such a measure are predominantly female.
Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Lawyers – Lawyer training – Territorial restrictions – National legislation requiring the completion of part of the training period of a trainee lawyer with a lawyer having his or her registered office in the national territory.
ECJ, 3 April 2025, Case C 807/23, Katharina Plavec v. Rechtsanwaltskammer Wien.
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Article 45 TFEU must be interpreted as precluding legislation of a Member State which requires a specific part of practical training, which is necessary in order to be admitted to practise as a lawyer and during which the trainee lawyer has some power to act as a legal representative before the courts of that Member State, to be completed with a lawyer established in that Member State, while precluding the possibility of that part being completed with a lawyer established in another Member State, even though that lawyer is admitted in the first Member State and the activities carried out in the context of that training relate to the law of that first Member State, and therefore not allowing the persons who have studied law concerned to complete that part of that training period in another Member State on the condition that they prove to the competent national authorities that that part of the training as will be completed by him or her is capable of providing them with training and experience equivalent to that provided by practical training with a lawyer established in the first Member State.
Reference for a preliminary ruling – Social policy – Transfers of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 5(1) – Concept of ‘bankruptcy proceedings’ – Transfer of an undertaking occurring following a declaration of insolvency after that transfer had been prepared in the context of judicial restructuring proceedings.
ECJ, 3 April 2025, Case C-431/23, Wibra België.
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Article 5(1) of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses must be interpreted as applying in a situation where insolvency proceedings follow judicial restructuring proceedings in the course of which an agreement for the partial transfer of the undertaking concerned was prepared, but was not approved by the court having jurisdiction, and was then implemented once the insolvency had been declared, provided that the bankruptcy proceedings or analogous insolvency proceedings, which have been conducted, are actually instituted with a view to the liquidation of the assets of the transferor, that those proceedings are under the supervision of a competent public authority and that recourse to those proceedings cannot be regarded as abusive.
