Joined Cases C-187/05 to C-190/05: Judgment of the Court (First Chamber) of 7 September 2006 (references for a preliminary ruling from the Arios Pagos — Greece) — G. Agorastoudis v Goodyear Hellas AVEE (Collective redundancies — Directive 75/129/EEC — Article 1(2)(d) — Termination of an establishment's activities as a result of a judicial decision — Termination of an establishment's activities of the employer's own volition)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: cessation of trading, collective dismissal, interpretation of the law, ruling, type of business

C 326/10

EN

Official Journal of the European Union

30.12.2006

Operative part of the judgment

by the termination of an establishment's activities where that is
the result of a judicial decision — Meaning

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in
consumer contracts must be interpreted as meaning that a national
court seised of an action for annulment of an arbitration award must
determine whether the arbitration agreement is void and annul that
award where that agreement contains an unfair term, even though the
consumer has not pleaded that invalidity in the course of the arbitra-
tion proceedings, but only in that of the action for annulment.

(1) OJ C 155 of 25.6.2005.

Judgment of the Court (First Chamber) of 7 September
2006 (references for a preliminary ruling from the Arios
Pagos — Greece) — G. Agorastoudis v Goodyear Hellas
AVEE

(Joined Cases C-187/05 to C-190/05) (1)

(Collective redundancies — Directive 75/129/EEC — Article 1
(2)(d) — Termination of an establishment's activities as a
result of a judicial decision — Termination of an establish-
ment's activities of the employer's own volition)

(2006/C 326/20)

Language of the case: Greek

Referring court

Arios Pagos (Greece)

Operative part of the judgment

Council Directive 75/129/EEC of 17 February 1975 on the approxi-
mation of the laws of the Member States relating to collective redun-
dancies must be interpreted as being applicable in the case of collective
redundancies that result from the definitive termination of the operation
of an undertaking or establishment which has been decided on by the
employer of his own accord without a prior judicial decision, and the
exception laid down in Article 1(2)(d) of that directive cannot preclude
its application.

(1) OJ C 171, 09.07.2005.

Judgment of the Court (Second Chamber) of 26 October
2006 (reference for a preliminary ruling from the Centrale
Raad van Beroep — Netherlands) — K. Tas-Hagen, R.A. Tas
v Raadskamer WUBO van de Pensioen- en Uitkeringsraad

(Case C-192/05) (1)

(Benefit awarded to civilian war victims by a Member State
— Condition of residence in the territory of that State at the
time when the application for the benefit is submitted —
Article 18(1) EC)

(2006/C 326/21)

Language of the case: Dutch

Parties to the main proceedings

Referring court

(C-187/05),
Applicants: Georgios Agorastoudis
Ioannis Panou and Others (C-188/05), Kostantinos Kotsampou-
gioukis and Others (C-189/05), Georgios Akritopoulos and
Others (C-190/05)

and Others

Defendant: Goodyear Hellas AVEE

Centrale Raad van Beroep

Parties to the main proceedings

Applicants: K. Tas-Hagen, R.A. Tas

Intervening
parties: Geniki Sinomospondia Ergaton Elladas
(GSEE), Ergatoipalliliko Kentro Thessalonikis (C-187/05 and C-
189/05)

Defendant: Raadskamer WUBO van de Pensioen- en Uitkerings-
raad

Re:

Re:

Reference for a preliminary ruling — Arios Pagos — Interpreta-
tion of Article 1(2) of Council Directive 75/129/EEC of 17
February 1975 on the approximation of
the
Member States relating to collective redundancies (OJ 1975 L
48, p. 29) — Inapplicability of the directive to workers affected

the laws of

Preliminary ruling — Centrale Raad van Beroep — Grant of a
benefit by a Member State to civilian war victims — Benefit
reserved for nationals of the Member State in question who are
resident in that Member State at the time when the application
is submitted — Whether compatible with Article 18 EC