Case-law Database

The FRA Case-law Database provides a compilation of Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECtHR) case law with direct references to the Charter of Fundamental Rights of the European Union.

It also contains a selection of national case law with direct references to the Charter from all EU Member States.

The data include a formal reference to the decisions, judgments and opinions, an abstract in English, excerpts of the paragraphs where the Charter is quoted, and if available a link to the full text document.

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Case-law Database

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CJEU - Joined cases C 297/10 and C 298/10 / Judgment

Sabine Hennigs v Eisenbahn-Bundesamt, and Land Berlin v Alexander Mai
08/09/2011
Court of Justice of the European Union
Decision
EU
Key facts of the case:
 
German legislation in the field of employees’ salaries based on collective agreements contained elements purely based on physical age. This legislation was changed some years ago, but the transitional provisions maintained the...
EU Charter Article(s) referenced: 

Italy / Tribunale di Firenze, Sezione Lavoro / 2940 R.G.

Maternity benefits for stateless person
09/08/2011
National Court/Tribunal
Decision
Italy

Key facts of the case:

The plaintiff is stateless person though she was born and has since lived in Italy. She holds a temporary stay permit for stateless persons. After the birth of her child, she applied for maternity benefits and her application was turned down by both...

EU Charter Article(s) referenced: 
ECHR Article(s) referenced: 

Netherlands / District Court The Hague / 398200

Foundation to Combat Anti-Semitism v the football club ADO The Hague
09/08/2011
National Court/Tribunal
Decision
Netherlands

Key facts of the case:

In summary proceedings of the Stichting Bestrijding Antisemitisme [Foundation to Combat Anti-Semitism] against the football club ADO The Hague, the provisional court dictated the football club to immediately take...

EU Charter Article(s) referenced: 

Austria / Supreme Administrative Court / 6Ob246/10k

Physician claims discrimination because of age
17/07/2011
National Court/Tribunal
Decision
Austria

Key facts of the case:

A physician born in 1951 wanted to apply for a new post as Statutory Health Insurance Physician (Vertragsarzt); a clause foresaw that applications of people over the age of 55 do not have to be considered: The Applicant filed a claim that this...

EU Charter Article(s) referenced: 

Cyprus / Supreme Court / 287/2008

Avgoustina Xatziavraam v The Cooperative Credit Company of Morphou
11/07/2011
National Court/Tribunal
Decision
Cyprus

Key facts of the case:

The exclusion of the claimant from the recruitment process of the Cooperative Credit Company of Morphou because of her age was challenged before the Supreme Court, after having been examined by the Industrial Disputes Tribunal (IDT). The company...

EU Charter Article(s) referenced: 

Netherlands / Equal Treatment Commission / 2010-0304

Mr ... v Control Finance B.V.
27/06/2011
National Court/Tribunal
Netherlands

Key facts of the case:

A male applied several times for a job as a financial trainee at the firm Control Finance B.V. but was rejected each time. The man suspects that he was rejected because of his Turkish origin. He applied again with a...

EU Charter Article(s) referenced: 

CJEU - C 20/10 / Order

Cosimo Damiano Vino v Poste Italiane SpA
22/06/2011
Court of Justice of the European Union
EU
Key facts of the case:
 
Italian legislation obliges employers to motivate, in the employment contract which is only of a fixed term, the term. But those enterprises offering postal services having been exempted from this obligation, an employee claimed...
EU Charter Article(s) referenced: 
ECHR Article(s) referenced: 

Italy / Tribunale di Vicenza /

Additional requirements to issue a certification of adequate housing
27/05/2011
National Court/Tribunal
Decision
Italy

Key facts of the case:

The application refers to two deliberations of the municipality of Montecchio Maggiore which introduced additional requirements to issue a certification of adequate housing. This certification is necessary for third-country nationals in order to...

EU Charter Article(s) referenced: 

CJEU - C 51/08 / Judgment

European Commission v Luxembourg
24/05/2011
Court of Justice of the European Union
Decision
EU
Key facts of the case:
 
According to Luxembourg legislation, access to the liberal profession of notaries was restricted to nationals. The Commission did not accept the Luxembourgian argument that this restriction was covered by Article 45 (1) TEC (now...
EU Charter Article(s) referenced: 

CJEU - C 47/08 / Judgment

European Commission v Belgium
24/05/2011
Court of Justice of the European Union
Decision
EU
Key facts of the case:
 
According to Belgian legislation, access to the liberal profession of notaries was restricted to nationals. The Commission did not accept the Belgian argument that this restriction was covered by Article 45 (1) TEC (now Article 51...
EU Charter Article(s) referenced: 

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