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European Observer on fundamental right's respect

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Case Law C-12/08 (15/07/2009)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 07/15/2009

Subject: The Court affirmed that the Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies does not preclude national rules which introduce procedures intended to permit both workers’ representatives and the workers themselves as individuals to ensure compliance with the obligations laid down in that directive, but which limit the individual right of action of workers in regard to the complaints which may be raised and makes that right subject to the requirement that workers’ representatives should first have raised objections with the employer and that the worker concerned has informed the employer in advance of his intention to query whether the information and consultation procedure has been complied with. The fact that national rules, establishing procedures which permit workers’ representatives to ensure that the employer has complied with all the information and consultation obligations set out in this Directive, impose limits and conditions on the individual right of action which it also grants to every worker affected by collective redundancy is not of such a nature as to infringe the principle of effective judicial protection. The Court also concluded that the Directive 98/59 must be interpreted as precluding national rules which reduce the obligations of an employer who intends to proceed with collective redundancies below those laid down in that directive.

Parties: Mono Car Styling SA

Classification: Solidarity - Art. 27 Worker’s rights: information - Worker’s rights: consultation - Art. 28 Rights of workers, employers and their organisations: organisation - Rights of workers, employers and their organisations: collective actions - Art. 30 Protection against unjustified dismissal - Justice - Art. 47 Justice: remedy - Justice: effective

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Notices: Effectiveness of the Charter
The Court called upon the Charter, affirming that the principle of effective judicial protection has also been reaffirmed by Article 47 of the Charter.