Judgment of the Court (Second Chamber) of 27 January 2005.Irmtraud Junk v Wolfgang Kühnel.Reference for a preliminary ruling: Arbeitsgericht Berlin - Germany.Directive 98/59/EC - Collective redundancies - Consultation with workers representatives - Notification to the competent public authority - Concept of redundancy - Time at which redundancy takes effect.Case C-188/03.

Judgment // 27/01/2005 // 2 min read
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Case C-188/03

Irmtraud Junk

v

Wolfgang Kühnel

(Reference for a preliminary ruling from the Arbeitsgericht Berlin)

(Directive 98/59/EC – Collective redundancies – Consultation with workers’ representatives – Notification to the competent public authority – Concept of ‘redundancy’ – Time at which redundancy takes effect)

Opinion of Advocate General Tizzano delivered on 30 September 2004

Judgment of the Court (Second Chamber), 27 January 2005.

Summary of the Judgment

  1. Social policy – Approximation of laws – Collective redundancies – Directive 98/59 – Concept of collective redundancy – Event constituting redundancy

(Council Directive 98/59, Arts 2 to 4)

  1. Social policy – Approximation of laws – Collective redundancies – Directive 98/59 – Consultation and notification procedures – Obligation on an employer not to carry out redundancies before the end of the consultation procedure and before the competent authorities have been notified

(Council Directive 98/59, Arts 2 to 4)

  1. Articles 2 to 4 of Directive 98/59 on the approximation of the laws of the Member States relating to collective redundancies, which impose obligations on employers as to consultation and notification, must be construed as meaning that the event constituting redundancy consists in the declaration by an employer of his intention to terminate the contract of employment, the actual cessation of that relationship on the expiry of the period of notice being no more than the effect of the decision to carry out the redundancy.

(see paras 36, 39, operative part 1)

  1. An employer is entitled to carry out collective redundancies after the conclusion of the consultation procedure provided for in Article 2 of Directive 98/59 on the approximation of the laws of the Member States relating to collective redundancies and after notification of the projected collective redundancies as provided for in Articles 3 and 4 of that directive.

(see para. 54, operative part 2)

JUDGMENT OF THE COURT (Second Chamber)27 January 2005(1)

(Directive 98/59/EC – Collective redundancies – Consultation with workers’ representatives – Notification to the competent public authority – Concept of ‘redundancy’ – Time at which redundancy takes effect)

In Case C-188/03,

v

THE COURT (Second Chamber),,

after hearing the Opinion of the Advocate General at the sitting on 30 September 2004,

gives the following

Social Policy , Approximation of laws