Source: All England Reporter
Publisher Citation: [2015] All ER (D) 04 (Nov)
Court: Court of Justice of the European Union (Sixth Chamber)
Judge:

Judges Levits (acting as President of the Chamber), Berger (Rapporteur) and Rodin

Judgment Dates: 15 October 2015

Catchwords

European Union - Employment - Dismissal - Collective redundancy - Applicants being employed by first respondent company - First respondent eliminating several posts under restructuring plan including applicants' posts - Applicants claiming unfair dismissal and seeking compensation above legal minimum - Whether EU law, in proceedings relating to collective redundancy, precluding national legislation under which compensation payable to employee whose dismissal was held to be unfair being set at an amount higher than legal minimum - Treaty on the Functioning of the European Union, arts 107, 108.

The Case

European Union Employment. The Court of Justice of the European Union gave a preliminary ruling, deciding that the Decision on the BFA Group restructuring and arts 107 and 108 of the Treaty on the Functioning of the European Union, which formed the basis for that decision, did not preclude the application, in proceedings relating to a collective redundancy that fell within the scope of that decision, of national legislation under which the compensation payable to an employee whose dismissal was held to be unfair was set at an amount higher than the legal minimum.

Practice Areas

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