Source: All England Reporter
Publisher Citation: [2005] All ER (D) 264 (Jan)
Court: Court of Justice of the European Communities (Second Chamber)
Judge:

Judges Timmermans (President of the Chamber), Silva de Lapuerta, Gulmann (Rapporteur), Kuris and Arestis.
Judgment Dates: 27 January 2005

Catchwords

Employment - Redundancy - Collective redundancies - Protection of employment - European Communities - Consultation with workers' representatives - Notification to competent public authority - Time at which redundancy takes effect - Interpretation of directive - Council Directive (EC) 98/59, arts 1 to 4.

The Case

Articles 2 to 4 of Council Directive (EC) 98-59 (on the approximation of the laws of the member states relating to collective redundancies) were to be construed as meaning that the event constituting redundancy consisted in the declaration by an employer of his intention to terminate the contract of employment. An employer was entitled to carry out collective redundancies after the conclusion of the consultation procedure provided for in art2 of the directive and after notification of the projected collective redundancies as provided for in arts3 and 4 of that directive.

Practice Areas

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