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United Kingdom: Uber Drivers Are Workers Entitled to Employment Law Protections, Supreme Court Rules

(Mar. 17, 2021) The Supreme Court, the United Kingdom’s highest court, upheld on February 19, 2021, a ruling from the Court of Appeal that drivers who brought an employment law claim against Uber in 2016 were not independent contractors and were entitled to the protections afforded workers under U.K. employment law. The high court rejected […]

Germany: Bavarian High Administrative Court Rules on COVID-19 Testing Requirement in Nursing Homes

(Mar. 10, 2021) On March 2, 2021, the High Administrative Court of Bavaria (Bayerischer Verwaltungsgerichtshof, BayVGH), the supreme court for administrative jurisdiction in Bavaria, published its rulings in two preliminary injunction cases challenging the COVID-19 testing guidelines in nursing homes. It struck down the requirement that nursing home staff be tested three times a week […]

Germany: State Higher Administrative Court Strikes Down Quarantine Requirement for People Returning from COVID-19 Risk Areas

(Dec. 29, 2020) On November 20, 2020, the Higher Administrative Court for the State of North Rhine-Westphalia (Oberverwaltungsgericht für das Land Nordrhein-Westfalen, OVG NRW) struck down most provisions of a regulation requiring all people returning from a “COVID-19 risk area” to North Rhine-Westphalia to enter a mandatory quarantine for 10 days. The court held that […]

Turkey: Provincial Bar Associations Sue Government for Prohibiting Large Public Meetings and Elections Because of COVID-19 Fears

(Nov. 3, 2020) During the first two weeks of October 2020, bar associations in Turkey initiated protests and legal action against the government over the cancellation of general assembly meetings and elections of provincial bar associations imposed as a preventive measure against COVID-19 spikes during the upcoming cold season. The controversy had originated on October […]

France: Council of State Confirms That Masks Can Be Made Mandatory under Certain Conditions

(Sept. 30, 2020) On September 6, 2020, France’s Conseil d’Etat (Council of State) issued two decisions confirming that government authorities may impose mandatory mask-wearing in certain geographic areas, but under certain conditions. The Conseil d’Etat is, in addition to being an advisory body for the government, the highest jurisdiction for administrative law. The decisions in […]

Germany: Bavarian Higher Administrative Court Upholds Requirement to Wear Face Masks to Prevent COVID-19 Spread

(May 14, 2020) On May 7, 2020, the Bavarian Higher Administrative Court (Bayerischer Verwaltungsgerichtshof, BayVGH) denied a preliminary injunction against a regulation to combat the spread of the novel coronavirus adopted by the Bavarian State Ministry of Health and Care that, among other things, makes wearing face masks in retail stores, shopping centers, department stores, […]

Sweden: Administrative Court Upholds Prohibition on Sale of COVID-19 Test Kits

(May 8, 2020) On May 4, 2020, the Administrative Court of Uppsala ruled that sales of Zandcell AB’s COVID-19 test kits were prohibited in Sweden because the producer had not proven that the product met the legal requirements for medical devices under Swedish and European Union law. (Uppsala Administrative Court, Decision No. 240-20 (May 4, […]

Germany: Court Obligates Government to Repatriate ISIS Member and Children to Germany

(Dec. 17, 2019) On November 6, 2019, the Higher Administrative Court of Berlin-Brandenburg (OVG Berlin-Brandenburg) held that the German government must repatriate a German citizen who, in 2014, traveled from Germany to the territory held by the Islamic State (ISIS) in Syria, together with her three minor children. Facts of the Case In 2014, the […]

France: Council of State Rules a Law May Prohibit Something Without Providing a Criminal Sanction

(Dec. 16, 2019) The Conseil d’Etat (Council of State), France’s highest jurisdiction for matters of administrative law, ruled on October 24, 2019, that a law may prohibit a behavior without providing the particular remedy of a penal sanction. At the center of this case is a 2005 law, Loi n° 2005-158 du 23 février 2005 […]

Israel: Supreme Court Approves Deportation of Human Rights Watch Representative for BDS Support

(Dec. 5, 2019) On November 5, 2019, Israel’s Supreme Court rejected an appeal against an administrative court judgment approving the minister of interior’s decision not to renew the employment visa of the second appellant, Omar Shakir. The majority opinion was written by Justice Neal Hendel, with justices Noam Solberg and Yael Willner concurring. (AdminA 2966/19 […]