Report

: Report on European Labour and Social Security Law, Edition 2/2026

HSI-Report 2/2026 provides an overview of the case law of the CJEU, the ECtHR and other internationally relevant judicial bodies, as well as new developments in legal policy in European labour and social security law from April to June 2026.

The overview of CJEU cases includes a number of interesting cases. In NTH Haustechnik (C-484/24), the CJEU had to determine the extent to which information obtained in breach of data protection law may be used to the detriment of employees in labour court proceedings. The Obadal case (C-418/24) also deserves attention. By clarifying the requirements applicable to appropriate measures for penalising the abuse of successive fixed-term contracts, the Court provides clear guidance for the implementation and application of EU law. In the context of a transfer of an undertaking, the CJEU held that the transfer of salary claims may not be made subject to the consent of the employee concerned (GSP Offshore, C-216/25). At the same time, it missed the opportunity to clarify the principle of favourability.

Among the proceedings before the ECtHR, the case Trade Union of Social Sector Workers and Others v. Hungary (No. 33144/21), concerning the right to strike in essential services, is particularly noteworthy. The case arose from disputes concerning minimum-service arrangements. Both the Hungarian Government, in its capacity as employer, and the courts delayed the arbitration proceedings provided for under national law to determine the minimum services to such an extent that the strike lost its relevance. Other proceedings before the ECtHR concern, inter alia, the different treatment of employees and self-employed persons in the granting of health insurance benefits, the levying of a military-service exemption tax on men who do not perform military or alternative civilian service, and judicial protection for judges in cases concerning refusal of appointment and dismissal following mental illness.

The report concludes with an overview of recent developments in international labour and social security law. Of particular note is that, after lengthy negotiations, the reform of the EU rules on the coordination of social security systems is now moving forward. In addition, the ILO adopted the world`s first international labour standard for the protection of platform workers.