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 of permanence and stability, which is assigned to perform one or more given tasks and which has a workforce, technical means and a certain organisational structure allowing for the accomplishment of those tasks.’
Judges:
Jann P
Citations:
C-270/05, [2007] EUECJ C-270/05, [2007] ECR I-1499, [2007] IRLR 284, [2007] EUECJ C27005
Links:
Statutes:
Council Directive 98/59/EC 1(1)(a)
Citing:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
European, Employment
Updated: 09 July 2022; Ref: scu.248874