Judgment of the Court (Second Chamber) of 27 January 2005 in Case C-188/03 (reference for a preliminary ruling from the Arbeitsgericht Berlin): Irmtraud Junk v Wolfgang Kühnel (Directive 98/59/EC — Collective redundancies — Consultation with workers' representatives — Notification to the competent public authority — Concept of ‘redundancy’ — Time at which redundancy takes effect)
Date: 2005-04-02
Institutions: Court of Justice
Subjects: collective dismissal, interpretation of the law, termination of a contract, work contract, worker consultation

2.4.2005

EN

Official Journal of the European Union

C 82/3

— by permitting, in Article 141(a) and Article 182(a) and (g)
of that law, the negotiated procedure to be used in two cases
which are not provided for in those directives,

the Kingdom of Spain has failed to fulfil its obligations under
those directives;

3. Orders the Republic of Finland to bear its own costs.

(1) OJ C 112 of 10.05.2003.

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 101 of 26.4.2003

JUDGMENT OF THE COURT

(Second Chamber)

of 27 January 2005

JUDGMENT OF THE COURT

Kühnel (1)

in Case C-188/03 (reference for a preliminary ruling from
Irmtraud Junk v Wolfgang
the Arbeitsgericht Berlin):

(Second Chamber)

of 27 January 2005

(Directive 98/59/EC — Collective redundancies — Consulta-
tion with workers' representatives — Notification to the
competent public authority — Concept of ‘redundancy’ —
Time at which redundancy takes effect)

in Case C-92/03: Commission of the European Commu-
nities v Portuguese Republic (1)

(Failure of a Member State to fulfil obligations — Directive
75/439/EEC — Disposal of waste oils — Priority to proces-
sing by regeneration)

(2005/C 82/05)

(Language of the case: Portuguese)

the European Communities

In Case C-92/03: action under Article 226 EC for failure to
fulfil obligations, brought on 28 February 2003 – Commission
of
(Agents: A. Caeiros and
M. Konstantinidis) v Portuguese Republic (Agents: L. Fernandes
supported by: Republic of Finland (Agent:
and M. Lois)
A. Guimaraes-Purokoski) – the Court
(Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
R. Silva de Lapuerta (Rapporteur), C. Gulmann, R. Schintgen
and J. Klučka, Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, gave a judgment on 27 January 2005, in which it:

1. Declares that, by failing to adopt the measures necessary to give
priority to the processing of waste oils by regeneration where the
technical, economic and organisational constraints so allow, the
Portuguese Republic has failed to fulfil
its obligations under
Article 3(1) of Council Directive 75/439/EEC of 16 June 1975
on the disposal of waste oils, as amended by Council Directive
87/101/EEC of 22 December 1986;

2. Orders the Portuguese Republic to pay the costs;

(2005/C 82/06)

(Language of the case: German)

In Case C-188/03, reference for a preliminary ruling under
Article 234 EC from the Arbeitsgericht (Labour Court) Berlin
(Germany), made by decision of 30 April 2003, received at the
Court on 7 May 2003, in the proceedings pending before that
court between Irmtraud Junk and Wolfgang Kühnel – the Court
(Second Chamber), composed of C.W.A. Timmermans, Presi-
dent of
the Chamber, R. Silva de Lapuerta, C. Gulmann
(Rapporteur), P. Kūris and G. Arestis, Judges; A. Tizzano, Advo-
for the
cate General; M.-F. Contet, Principal Administrator,
Registrar, gave a judgment on 27 January 2005, the operative
part of which is as follows:

1. Articles 2 to 4 of Council Directive 98/59/EC of 20 July 1998
on the approximation of the laws of the Member States relating to
collective redundancies must be construed as meaning that the
event constituting redundancy consists in the declaration by an
employer of his intention to terminate the contract of employment.

2. An employer is entitled to carry out collective redundancies after
the conclusion of the consultation procedure provided for in Article
2 of Directive 98/59 and after notification of the projected collec-
tive redundancies as provided for in Articles 3 and 4 of that direc-
tive.

(1) OJ C 213 of 06.09.2003.