Home | About Us | Advanced search | Link Versione Italiana  English version  France version

 Europeanrights.eu

European Observer on fundamental right's respect

  Advanced search

Case Law C-405/08 (11/02/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/11/2010

Subject: The Court in this case affirms that Directive 2002/14 does not, in itself, preclude a worker who is not a member of a union which is a party to a collective agreement implementing the provisions of that directive from enjoying under that collective agreement the full extent of the protection provided for in the directive, even though he is not a member of such a union. Moreover because under Article 7 of Directive, Member States are required to ensure that employees’ representatives, when carrying out their functions, have to enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them but it is not necessary that that employees’ representatives must be granted more extensive protection against dismissal in order to ensure compliance with the requirements of that article. However, any measure adopted to transpose that directive, whether provided for by legislation or by collective agreement, must comply with the minimum protection threshold laid down in that Article 7.

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 27 Worker’s rights: information - Worker’s rights: consultation

Text download Italian English French