Judgment — ECLI:EU:C:2003:555
Date: 2003-10-16
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws;Social Policy
Concepts: Employment protection and protection of employees in the event of the insolvency of their employer
Procedure: Action for failure to fulfil obligations - successful
Origin: Italy

Summary of the Judgment 
Social policy — Approximation of laws — Collective redundancies — Directive 
98/59 — Definition of 'employer' 
(Council Directive 98/59, Art. 1(1) (a)) 
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SUMMARY — CASE C-32/02 
The term 'employer' within the meaning of 
Article 1(1)(a) of Directive 98/59 on the 
approximation of the laws of the Member 
States relating to collective redundancies 
also covers employers engaged in non­
profit-making activities. It is clear from 
the actual wording of Article 1 of the 
directive that the provision applies to 
redundancies effected by 'an employer', 
without further distinction, so that it 
applies to all employers. An interpretation 
to the contrary would not be consistent 
with the aims of the directive, as they are 
apparent from the second recital. 
(see para. 26) 
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