# C_2005330EN.01001002.xml

| 24.12.2005 | EN | Official Journal of the European Union | C 330/10 |
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24.12.2005

EN

Official Journal of the European Union

C 330/10

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Reference for a preliminary ruling from the Conseil d'État (France) by decision of that court of 19 October 2005 in Confédération Générale du Travail, Confédération Française Démocratique du Travail (CFDT), Confédération Française de l'Encadrement C.G.C. (C.F.E.-C.G.C.), Confédération Française des Travailleurs Chrétiens (C.F.T.C.) and Confédération Générale du Travail — Force Ouvrière v Premier ministre, Ministre de l'Emploi, de la Cohésion sociale et du Logement

(Case C-385/05)

(2005/C 330/20)

Language of the case: French

Reference has been made to the Court of Justice of the European Communities by decision of the Conseil d'Etat (France) of 19 October 2005, received at the Court Registry on 24 October 2005, for a preliminary ruling in the proceedings between Confédération Générale du Travail, Confédération Française Démocratique du Travail (CFDT), Confédération Française de l'Encadrement C.G.C. (C.F.E.-C.G.C.), Confédération Française des Travailleurs Chrétiens (C.F.T.C.), Confédération Générale du Travail — Force Ouvrière and Premier ministre, Ministre de l'Emploi, de la Cohésion sociale et du Logement on the following questions:

| 1. | In view of the purpose of Directive 2002/14/EC of 11 March 2002, (1) which, as set out in Article 1(1) thereof, is to establish a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings or establishments within the Community, must the transfer to the Member States of responsibility for determining the method for calculating the thresholds of employees employed, which is set out in that directive, be regarded as allowing those States to defer taking account of certain categories of employees for the application of those thresholds? |
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1.

In view of the purpose of Directive 2002/14/EC of 11 March 2002, (1) which, as set out in Article 1(1) thereof, is to establish a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings or establishments within the Community, must the transfer to the Member States of responsibility for determining the method for calculating the thresholds of employees employed, which is set out in that directive, be regarded as allowing those States to defer taking account of certain categories of employees for the application of those thresholds?

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| 2. | To what extent may Directive 98/59/EC of 20 July 1998 (2) be interpreted as authorising an arrangement with the effect that some establishments normally employing more than 20 employees will be relieved, albeit temporarily, of the obligation to create a structure for the representation of employees because of rules for the calculation of staff numbers that exclude taking account of some categories of employees for the application of the provisions organising that representation? |
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2.

To what extent may Directive 98/59/EC of 20 July 1998 (2) be interpreted as authorising an arrangement with the effect that some establishments normally employing more than 20 employees will be relieved, albeit temporarily, of the obligation to create a structure for the representation of employees because of rules for the calculation of staff numbers that exclude taking account of some categories of employees for the application of the provisions organising that representation?

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(1)  Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community – Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ 2002 L 80, p. 29)

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(2)  Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ 1998 L 225, p. 16)

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