Opinion of the Advocate General — ECLI:EU:C:2006:554
Date: 2006-09-12
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws;Social Policy
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 1. Social policy – Information and consultation of employees – Directive 2002/14 (European Parliament and Council Directive 2002/14, Art. 3(1)) 2. Social policy – Approximation of laws – Collective redundancies – Directive 98/59 (Council Directive 98/59, Art. 1(1)(a)) 1. Article 3(1) of Directive 2002/14, establishing a general framework for informing and consulting employees in the European Community, which provides that Member States are to determine the method for calculating the thresholds of employees employed, must be interpreted as precluding national legislation which excludes, even temporarily, a specific category of workers from the calculation of staff numbers within the meaning of that provision. That provision concerns determination of the method of calculation of the thresholds of employees employed and not the actual definition of the concept of an employee. (see paras 33, 41, operative part 1) 2. Article 1(1)(a) of Directive 98/59 on the approximation of the laws of the Member States relating to collective redundancies must be interpreted as precluding national legislation which excludes, even temporarily, a specific category of workers from the calculation of staff numbers set out in that provision. That directive, which is intended to provide minimum protection with regard to the information and consultation of employees in the event of collective redundancies, cannot be interpreted as meaning that the methods for calculation of those thresholds, and therefore the thresholds themselves, are within the discretion of the Member States, since such an interpretation would allow the latter to alter the scope of that directive and thus to deprive it of its full effect. (see paras 44, 47, 49, operative part 2)