Decisions: Темелни права

In a request for a preliminary ruling under Article 267 TFEU, the Supreme Administrative Court of Portugal asked the CJEU to interpret the second subparagraph of Article 19(1) TEU and Article 47 of the Charter of Fundamental Rights. The Court declared that the principle of judicial independence does not preclude general salary-reduction measures, such as those at issue in the main proceedings of the case, linked to requirements to eliminate an excessive budget deficit and to an EU financial assistance programme, from being applied to the members of the Court of Auditors of Portugal.

In a request for a preliminary ruling under Article 267 TFEU, the Supreme Court of Denmark asked ECJ to determine if the general EU law principle prohibiting discrimination on grounds of age preclude legislation which deprives an employee of entitlement to a severance allowance where the employee is entitled to claim an old-age pension from the employer under a pension scheme which the employee joined before reaching the age of 50, regardless of whether the employee chooses to remain on the employment market or take his retirement. The ECJ responded positively to this question, establishing that it derives from the Court’s case-law that the principle of non-discrimination enshrined in Article 21 of the Charter of Fundamental Rights of the European Union, must be regarded as a general principle of EU law.

In a request for a preliminary ruling under Article 267 TFEU, the Administrative Court in Strasbourg, France asked the CJEU to interpret point 2.1 of Annex III to Commission Directive 2004/33/EC implementing Directive 2002/98/EC as regards certain technical requirements for blood and blood components. In order to respect the principles of equal treatment and non-discrimination, the Court declared that it is for the Administrative Court to determine whether there is a high risk of transmitting severe infectious diseases by blood when a man has had sexual relations with another man, taking into account current medical, scientific, and epidemiological knowledge. If it is determined that such a risk is reasonably present, the Administrative Court must determine whether, and under what conditions, a permanent deferral from blood donation is compatible with fundamental EU rights.

In a request for a preliminary ruling under Article 267 TFEU, the Employment Tribunal in Leicester, UK asked the CJEU to interpret Article 7 of Directive 2003/88/EC concerning certain aspects of the organisation of working time. The case is regarding remuneration received during paid annual leave, which is stipulated in Article 31 (2) of the Charter of Fundamental Rights. The Court stated that Article 7 of Directive 2003/88/EC must be interpreted as precluding national legislation and practice under which a worker whose remuneration consists of a basic salary and commission, the amount of which is fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, is entitled, in respect of his paid annual leave, to remuneration composed exclusively of his basic salary.

In a request for a preliminary ruling under Article 267 TFEU, the Landesarbeitsgericht in Düsseldorf, Germany asked the CJEU to interpret the principle of non-discrimination on grounds of age and of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation. The Court declared that the principle of non-discrimination on grounds of age precludes national legislation which provides that periods of employment completed by an employee before reaching the age of 25 are not taken into account in calculating the notice period for dismissal.