Approximation of laws

Judgment of the German Federal Labor Court (Bundesarbeitsgericht) and the Greek Debt Crisis

5 AZR 962/13 (A)

The present case concerns the debt crisis in light of which the Greek Republic adopted, for the purposes of protecting the national economy, Law Nr. 3833/2010 on urgent measures to tackle the national finance crisis.

In the proceedings before the court the claimant in this case, a teacher who was working at the elementary school under the patronage of the respondent Greek Republic, demanded additional pay as well as payrolls for the period October 2010 till December 2012. The Greek Republic cut in this period his gross remuneration, which originally followed the German collective bargaining law, with a total of 20.262,31 Euro in connection with Law Nr. 3833/2010 and Nr. 3845/2010. The Greek Republic maintained that it had to comply with the reached agreements between it and the European Commission, the European Central Bank and the International Monetary Fund (the troika) by issuing and adopting those laws and in that case there was no other option.

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Case C-160/14 Ferreira da Silva and others – a more lenient approach towards the acte clair doctrine?

By Iliya Tsikalov

In its preliminary ruling given on September 9th 2015 pursuant to a reference by the Court of First Instance, Lisbon (Varas Civeis de Lisboa)[1] the Court of Justice of the European Union (CJEU) elaborated on the notion of ”transfer of a business” in light of Directive 2001/23 and in that respect also dwelled on the obligation of the Portuguese Supreme Court to refer the question to the CJEU for a preliminary ruling.

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