Overview of recent cases before the Court of Justice of the European Union (November 2020-March 2021)

Abstract

In this reporting period (November 2020-March 2021), five cases will be presented. The first case is INPS v WS (C-302/19), dealing with the Italian legislation that excludes Single Permit holders from receiving family benefits for their family members residing in a third country. In the second report, two cases rendered on the same day by the Grand Chamber of the Court are discussed. In D.J. v Radiotelevizija Slovenija (C-344/19) and RJ v Stadt Offenbach am Main (C-580/19), the Court clarified the circumstances under which periods of stand-by time could be considered as ‘working time’ or, alternatively, ‘rest periods’ under Directive 2003/88. XI v Caisse pour l’avenir des enfants (C-129/20) is the third case reported. It concerns an interpretation of the Framework Agreement on parental leave in the light of the Luxembourg legislation, which requires parents to be employed at the time of their child’s birth to benefit from parental leave. Finally, the case report ends with VL v Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie (C-16/19), a case of discrimination on grounds of disability.