Overview of recent cases before the Court of Justice of the European Union (July – October 2018)

In the reporting period July-October 2018, the Court of Justice of the European Union (CJEU) delivered three rulings (Alpenrind, Walltopia, and Commission v Belgium) concerning the conflict rule for posted workers as contained in Article 12 of Regulation 883/2004. The CJEU clarified the meaning of the `non-replacement condition', the legal status of workers who are recruited for the sole purpose of being posted to another Member State as well as procedural aspects relating to A1 certificates. In addition, the CJEU delivered judgments on the portability of personal care benefits (A), the application of the prohibition of discrimination on grounds of disability to social security provisions contained in collective agreements (Bedi) and the protection of supplementary pension claims in the event of insolvency of the employer (Grenville Hampshire)