Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/03/2011

Subject: The Court affirms that articles 1 to 3 of Council Directive 98/59/EC on the approximation of the laws relating to collective redundancies must be interpreted as applying to a termination of the activities of an employing establishment as a result of a judicial decision ordering its dissolution and winding up on grounds of insolvency, even though, in the event of such a termination, national legislation provides for the termination of employment contracts with immediate effect. Until the legal personality of an establishment whose dissolution and winding up have been ordered has ceased to exist, the obligations under the Directive must be fulfilled. The employer’s obligations pursuant to those provisions must be carried out by the management of the establishment in question, where it is still in place, even with limited powers of management over that establishment, or by its liquidator, where that establishment’s management has been taken over in its entirety by the liquidator.

Parties: Claes e altri c. Landsbanki Luxemburg

Classification: Solidarity - Art. 28 Rights of workers, employers and their organisations: organisation - Rights of workers, employers and their organisations: negotiations - Rights of workers, employers and their organisations: collective agreements - Rights of workers, employers and their organisations: collective actions - Rights of workers, employers and their organisations: strike

Text