Judgment — ECLI:EU:C:2011:119
Date: 2011-03-03
Language of the case: French
Court formation: Third Chamber
Subject matter: Approximation of laws;Social Policy
Procedure: Reference for a preliminary ruling
Origin: Luxembourg

Summary of the Judgment 1. Social policy – Approximation of laws – Collective redundancies – Directive 98/59 – Scope (Council Directive 98/59, Arts 1 to 3) 2. Social policy – Approximation of laws – Collective redundancies – Directive 98/59 – Obligations to inform and consult with workers – Obligation to notify the competent authority – Employer’s obligations – Decision to dissolve and wind up an establishment (Council Directive 98/59, Arts 2 and 3) 1. Articles 1 to 3 of Directive 98/59 on the approximation of the laws of the Member States relating to collective redundancies must be interpreted as applying 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 a termination, national legislation provides for the termination of employment contracts with immediate effect. (see para. 49, operative part 1) 2. Until the legal personality of an establishment whose dissolution and winding up have been ordered has ceased to exist, the obligations under Articles 2 and 3 of Directive 98/59 on the approximation of the laws of the Member States relating to collective redundancies must be fulfilled. The employer’s obligations pursuant to those provisions must be carried out by the management of the establishment in question, where it is still in place, even with limited powers of management over that establishment, or by its liquidator, where that establishment’s management has been taken over in its entirety by the liquidator. If there is no person with responsibility for the obligations under Directive 98/59, the national court is required to interpret national law, as far as possible, in the light of the wording and the objectives of Directive 98/59, so that the obligations set out in Articles 2 and 3 of that directive may be properly fulfilled and carried out. (see paras 57-58, operative part 2)