Industrial Relations in Europe 2012 - European Commission - Europa

In Case C-435/10 185 , the ECJ decided that the Directive precludes a national rule which, in
order to benefit from the intervention of the guarantee institution, obliges employees to
register as job-seekers in the event of the insolvency of their employer.
In relation to Directive 2002/14/EC (information and consultation of employees), the ECJ
delivered one judgment. This Directive establishes a general framework setting out minimum
requirements for the right to information and consultation of employees in undertakings
within the Community.
In Case C-405/08 186 , the ECJ decided that, provided that the protection against dismissal
granted to an employee representative by a collective agreement is not lower than that granted
by the national legislation implementing the Directive, the Directive does not require that all
employees' representatives be given the same protection against dismissal.
In relation to Directive 98/59/EC (collective redundancies), the ECJ delivered two
judgements. This Directive requires employers to consult staff representatives in the case of
collective redundancies. It specifies the issues which these consultations must cover and the
information which the employer is required to provide during the consultations. In addition,
the Directive establishes the procedure and practical arrangements for collective
redundancies.
In Joined Cases C 235/10 to C 239/10 187 , the ECJ ruled that the Directive applies 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 termination, national legislation provides for the termination of employment contracts
with immediate effect; it also ruled that in that event, the obligations imposed by the Directive
must be fulfilled by the management of the establishment (if it is still in place) or by the
liquidator.
In Case C 583/10 188 , the ECJ ruled that it does not have jurisdiction to reply to the
preliminary question referred by the UK Court of Appeal. The ECJ decided that civilian staff
of a military base is excluded from the scope of application of Directive 98/59/EC since the
latter does not apply to workers employed by public administrative bodies or other equivalent
bodies which include armed forces.
185 Judgment of the Court of 17 November 201. Van Ardennen
186 Judgment of the Court of 11 February 2010. Ingeniørforeningen i Danmark.
187 Judgment of the Court of 3 March 2011. Claes
188 Judgment of the Court of 18 October 2012. USA v Nolan
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