# C_2008236EN.01001201.xml

| 13.9.2008 | EN | Official Journal of the European Union | C 236/12 |
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13.9.2008

EN

Official Journal of the European Union

C 236/12

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Reference for a preliminary ruling from the Tribunal Superior de Justicia, Madrid (Spain) lodged on 16 July 2008 — Ovidio Rodríguez Mayor, Pilar Pérez Boto, Pedro Gallego Morzillo, Alfonso Francisco Pérez, Juan Marcelino Gabaldón Morales, Marta María Maestro Campo and Bartolomé Valera Huete v the estate in abeyance of Rafael de las Heras Dávila, Sagrario de las Heras Dávila and Fondo de Garantía Salarial

(Case C-323/08)

(2008/C 236/19)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Madrid

Parties to the main proceedings

Appellants: Ovidio Rodríguez Mayor, Pilar Pérez Boto, Pedro Gallego Morzillo, Alfonso Francisco Pérez, Juan Marcelino Gabaldón Morales, Marta María Maestro Campo and Bartolomé Valera Huete

Appellants:

Other parties: the estate in abeyance of Rafael de las Heras Dávila, Sagrario de las Heras Dávila and Fondo de Garantía Salarial

Other parties:

Questions referred

| 1. | By restricting the definition of collective redundancies to dismissals on economic, technical, organisational or production grounds and by failing to extend the definition to dismissals for any reason not related to the individual workers concerned, does Article 51 of the Spanish Workers' Statute fail to fulfil the obligations imposed in Council Directive 98/59/EC (1) of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies? |
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1.

By restricting the definition of collective redundancies to dismissals on economic, technical, organisational or production grounds and by failing to extend the definition to dismissals for any reason not related to the individual workers concerned, does Article 51 of the Spanish Workers' Statute fail to fulfil the obligations imposed in Council Directive 98/59/EC (1) of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies?

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| 2. | Is the legal rule in Article 49(1)(g) of the Workers' Statute, which establishes for workers who lose their jobs as a result of the death, retirement or incapacity of the employer compensation limited to one month's remuneration, excluding them from the scope of Article 51 of the Statute and failing to comply with Articles 1, 2, 3, 4 and 6 of the Directive, also contrary to Council Directive 98/59/EC? |
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2.

Is the legal rule in Article 49(1)(g) of the Workers' Statute, which establishes for workers who lose their jobs as a result of the death, retirement or incapacity of the employer compensation limited to one month's remuneration, excluding them from the scope of Article 51 of the Statute and failing to comply with Articles 1, 2, 3, 4 and 6 of the Directive, also contrary to Council Directive 98/59/EC?

| 3. | Does the Spanish legislation on collective redundancies, and specifically Articles 49(1)(g) and 51 of the Workers' Statute, infringe Article 30 of the Charter of fundamental rights of the European Union and the Community Charter of the fundamental social rights of workers adopted at the European Council meeting held in Strasbourg on 9 December 1989? |
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3.

Does the Spanish legislation on collective redundancies, and specifically Articles 49(1)(g) and 51 of the Workers' Statute, infringe Article 30 of the Charter of fundamental rights of the European Union and the Community Charter of the fundamental social rights of workers adopted at the European Council meeting held in Strasbourg on 9 December 1989?

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(1)  OJ 1998 L 225, p. 16.

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