Social rights

The Court of cassation (Cour de cassation) ruled on the correlation between the French social security system and EU law

Cour de cassation, civile, Chambre civile 2, 6 octobre 2016, 15-23895

The present case concerned the rules on Social Security Law. Mrs. X. was entitled to a disability pension since 2005. She obtained from the Regional Health Insurance Fund of Île-de-France the maintenance of the aforementioned pension beyond her sixtieth birthday.
Following her dismissal in 2011, the fund notified her of its refusal to continue paying her beyond 30 November 2011 and has claimed repayment of the overpaid pension for the month of December 2011.

(more…)

...

Maintenance obligations towards a minor residing in Austria: Co-ordination of social security systems

Austrian Supreme Court of Justice (Oberstergerichtshof) 10Ob67/14x

The case concerned is about a minor who lives in Austria and is under the care of his mother. The father lives in Switzerland. Both parents are Swiss nationals. The child’s request for advances on maintenance payments in Austria was rejected, because neither parent had social security in Austria and the minor was privately insured in Austria.

(more…)

...

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.

(more…)

...