The French Council of State validated the collective branch insurance and obliged French pharmacists to pay their social contributions to a specific health insurance fund

Conseil d’État, 1ère sous-section jugeant seule, 20/03/2015, 366345, Inédit au recueil Lebon

The present case concerns the complementary health insurance scheme in France and, in particular, the right to choose a health fund.

A Branch Agreement and a Ministerial decree created a mandatory supplementary health insurance for persons working in on-duty pharmacies obliging them to adhere to a specific health insurance body. Consequently, chemists had to pay their social contributions to the designed insurance body, without having the right to choose another public or private health fund.

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The French Supreme Court on the claims for dismissal without actual and serious reasons and for the payment of compensation for undeclared work

Cour de cassation, Chambre sociale, 4 février 2015, 13-16.835, Inédit

In this case, rules concerning certain aspects of the organisation of working time are discussed. Mr.X. worked as engagement manager with the company Atos. However, Mr.X. was dismissed. On that occasion, Mr.X. lodged claims for dismissal without actual and serious reasons and for the payment of compensation for undeclared work. The appeal court of Aix-en-Provence (Cour d’appel d’Aix-en-Provence) rejected the abovementioned requests. Subsequently, Mr.X. filed an action before the Supreme Court (Cour de cassation). The Supreme Court referred to article 151 of the Treaty on the Functioning of the European Union, article 17, paragraphs 1 and 4 of the Directive (EC) 1993/104, article 17, paragraph 1, and article 19 of the Directive (EC) 2003/88 and article 31 of the Charter of Fundamental Rights of the European Union.

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A Belgian court ruled on freedom of expression and respect for private and family life

Liège Court of Appeal, ruling dated 25.09.14, 2013/GR/393

Belgium Protection of individuals with regard to processing of personal data – Respect for privacy and family life – Freedom of expression – Balancing these two fundamental rights – Posting of archives of a daily online – Right to be forgotten of a person having been the subject of a news article – Non-contractual liability of the daily editor*

In its ruling dated 25 September 2014, the Liège Court of Appeal was called upon to settle a dispute between a doctor who caused, when drunk, a serious road accident in 1994, and a daily that had implemented since 2008, free access on its website to all of its articles published since 1989, including the electronic version of an article from the time of the accident caused by the doctor and stating the facts of that accident, for which the doctor had been convicted in criminal proceedings. The name of the doctor, who was the subject of a rehabilitation decision in 2006, was explicitly mentioned therein.

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The new country guidance in the UK on the risk on return for followers of the Sikh and Hindu religions in Afghanistan

TG and others (Afghan Sikhs persecuted) (CG) [2015] UKUT 595 (IAC) (3 November 2015)

This case is identified as a country guidance on the risk on return for followers of the Sikh and Hindu religions in Afghanistan where the essential questions are whether the current situation in Kabul is such that they would be at risk of persecution if removed per se according to Article 9 of Directive 2004/83/EC and the Convention Relating to the Status of Refugees (the Refugee Convention) and whether the rights stated in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) would be violated if removed. Some members of the Sikh and Hindu communities continue to suffer harassment at the hands of Muslim zealots but not all of them are at risk in Afghanistan. Whether any form of discrimination amount to persecution such as to entitle an individual to a grant of international protection is fact sensitive, and will depend upon the individual’s particular characteristics, wealth and background.

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The French Supreme Court validated the collective branch insurance and obliged French bakers to pay their social contributions to a specific health insurance fund

Cour de cassation, Chambre sociale, 11 février 2015, 13-26.015 13-26.016, Inédit

The present case concerns the complementary health insurance scheme in France and, in particular, the right to choose a health fund.

A Branch Agreement, approved by a Ministerial decree, created a mandatory supplementary health insurance for persons working in bakery and pastry shops. Therefore, workers and employers had to adhere to a unique health insurance body. Consequently, they had to pay their social contributions to it, without having the right to choose another public or private health fund.

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The French Council of State used the humanitarian clause (Article 17 of the ”Dublin III” EU Regulation) and granted asylum to a Kosovo family

Conseil d’État, Juge des référés, 29/01/2015, 387329

The present case concerns the admission of foreign nationals seeking asylum.
A family originated from Kosovo arrived in France and lodged an application seeking asylum. French authorities found out that, a few months earlier, they have sought asylum in Hungry. According to the ”Dublin II” rule Hungry was the State competent to grant asylum. for this reason, the prefect of Aveyron (préfet de l’Aveyron) refused the right of residence to the family (decree from 12.11.14) and ordered their surrender to the Hungarian authorities (decree from 12.12.14). In order to secure the surrender, the prefect also ordered a house arrest. The family referred the matter to the Administrative court of Toulouse (Tribunal administratif de Toulouse) which suspended the litigated decree under interim procedure.
The Minister of Home Affairs lodged an appeal before the Supreme Court (Conseil d’Etat) which rejected the claim.

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