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Athinaiki Chartopoiia AE v L Panagiotidis and Others, third party: Geniki Sinomospondia Ergaton Elladas (GSEE): ECJ 15 Feb 2007

ECJ Free Movement of Persons – Collective redundancies – Council Directive 98/59/EC Article 1(1)(a) – Termination of the establishment’s activities of the employer’s own volition – Concept of ‘establishment’.‘for the purposes of the application of Directive 98/59, an ‘establishment’, in the context of an undertaking, may consist of a distinct entity, having a certain degree … Continue reading Athinaiki Chartopoiia AE v L Panagiotidis and Others, third party: Geniki Sinomospondia Ergaton Elladas (GSEE): ECJ 15 Feb 2007

Balkaya v Kiesel Abbruch-und Recycling Technik GmbH: ECJ 9 Jul 2015

ECJ Judgment – Reference for a preliminary ruling – Directive 98/59/EC – Article 1(1)(a) – Collective redundancies – Concept of ‘worker’ – Member of the board of directors of a limited liability company – Person working under a scheme for training and reintegration into the labour market and benefitting from a public training grant but … Continue reading Balkaya v Kiesel Abbruch-und Recycling Technik GmbH: ECJ 9 Jul 2015

Lyttle And Others v Bluebird UK Bidco 2 Limited: ECJ 13 May 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Article 1(1)(a) – Meaning of ‘establishment’ – Method of calculating the number of workers made redundant T. von Danwitz, P C-182/13, [2015] EUECJ C-182/13, ECLI:EU:C:2015:317 Bailii Directive 98/59/EC 1(1)(a) European, Employment Updated: 30 December 2021; Ref: scu.546605

USDAW And Wilson v WW Realisation 1 Ltd, in liquidation: ECJ 30 Apr 2015

ECJ (Judgment) Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Article 1(1)(a) – Meaning of ‘establishment’ – Method of calculating the number of workers made redundant T von Danwitz, P C-80/14, [2015] EUECJ C-80/14, ECLI:EU:C:2015:291 Bailii Directive 98/59/EC 1(1)(a) European Employment, Insolvency Updated: 09 November 2021; Ref: scu.546229

Rockfon A/S v Specialarbejderforbunde I Danmark Acting for Nielsen and Others: ECJ 17 Jan 1996

The term ‘establishment’ for the purpose of consultation on contemplated redundancies meant the work unit to which the relevant workers were assigned: ‘The term ‘establishment’ appearing in Article 1(1)(a) of Directive (75/129/EEC) must therefore be interpreted as designating, depending on the circumstances, the unit to which the workers made redundant are assigned to carry out … Continue reading Rockfon A/S v Specialarbejderforbunde I Danmark Acting for Nielsen and Others: ECJ 17 Jan 1996

Pujante Rivera v Fondo de Garantia Salarial: ECJ 11 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Article 1(1)(a), first subparagraph – Concept of workers ‘normally employed’ at the establishment concerned – Article 1(1), second subparagraph – Concepts of ‘redundancy’ and ‘terminations of employment contracts that may be assimilated to redundancies’ – Method of … Continue reading Pujante Rivera v Fondo de Garantia Salarial: ECJ 11 Nov 2015

MSF v Refuge Assurance Plc, United Friendly Insurance: EAT 15 Feb 2002

EAT The EAT considered the employer’s duties to consult on making redundancies. The ET had found that company had satisfied the requirements. The Union argued that the duty to consult arose as soon as redundancies were contemplated. Held: The Union’s appeal failed. There was no error of law. What counted as ‘good time’: ‘is not … Continue reading MSF v Refuge Assurance Plc, United Friendly Insurance: EAT 15 Feb 2002