CELEX: C1996/031/13
Language: en
Date: 1996-02-03 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 7 December 1995 in Case C-449/93 (reference for a preliminary ruling from the Østre Landsret): Rockfon A/S v. Specialarbejderforbundet i Danmark (Collective redundancies - Article 1 of Directive 75/129/EEC - Definition of 'establishment' - Company forming part of a group)

3 . 2 . 96             EN |                  Official Journal of the European Communities                                  No C 31 /7
      marketing of vegetable propagating and planting                   2 . The term 'establishment' appearing in Article 1 (1 ) (a) of
      material, other than seed and Council Directive                        the aforesaid directive must be understood as meaning,
      92/34/EEC of 28 April 1992 on the marketing of fruit                   depending on the circumstances, the unit to which the
      plant propagating material and fruit plants intended for               workers made redundant are assigned to carry out their
      fruit production, the Italian Republic has failed to fulfil            duties. It is not essential, in order for there to be an
      its obligations under Article 25 of Directive 92/33/EEC                'establishment', for the unit in question to be endowed
      and Article 26 of Directive 92/34/EEC.                                 with a management which can independently effect
                                                                             collective redundancies .
2 . The Italian Republic is ordered to pay the costs.
                                                                        (>) OJ No C 1 , 4 . 1 . 1994 .
(>) OJ No C 159, 24 . 6 . 1995 .
                                                                                       JUDGMENT OF THE COURT
                                                                                                  ( Fifth Chamber)
                JUDGMENT OF THE COURT
                         ( First Chamber )                                                    of 7 December 1995 )
                                                                        in Case C-472/93 ( reference for a preliminary ruling from
                      of 7 December 1995
                                                                        the Pretore di Lecce ): Luigi Spano and Others v. Fiat
    in Case C-449/93 ( reference for a preliminary ruling                    Geotech SpA and Fiat Hitachi Excavators SpA ( 1 )
           from the 0stre Landsret): Rockfon A/S v.                     (Safeguarding of employees ' rights in the event of transfers
             Specialarbejderforbundet i Danmark ( )                                               of undertakings)
(Collective redundancies — Article 1 of Directive                                                    ( 96/C 31 /14 )
75/129/EEC — Definition of 'establishment' — Company
                    forming part of a group)
                            ( 96/C 31 / 13 )                                            (Language of the case: Italian)
                 (Language of the case: Danish)                         (Provisional translation; the definitive translation will be
                                                                                 published in the European Court Reports)
(Provisional translation; the definitive translation will be            In Case C-472/93 : reference to the Court under Article 177
           published in the European Court Reports)
                                                                        of the EC Treaty by the Pretore di Lecce ( Magistrate's
                                                                        Court, Lecce ) (Italy ) for a preliminary ruling in the
In Case C-449/93 : reference to the Court under Article 177             proceeding pending before that court between Luigi Spano
of the EC Treaty from the 0stre Landsret ( Eastern Regional             and Others and Fiat Geotech SpA and Fiat Hitachi
Court ) ( Denmark ) for a preliminary ruling in the                     Excavators SpA on the interpretation of Council Directive
proceedings pending before that court between Rockfon A/S               77/187/EEC of 14 February 1977 on the approximation of
and Specialarbejderforbundet i Danmark — on the                         the laws of the Member States relating to the safeguarding of
interpretation of Article 1 of Council Directive 75/129/EEC             employees' rights in the event of transfers of undertakings,
of 17 February 1975 on the approximation of the laws of                 businesses or parts of businesses ( OJ 1977, No L 61 , p. 26 )
the Member States relating to collective redundancies ( OJ              — the Court ( Fifth Chamber ) composed of J. -P. Puissochet
1975 , No L 48 , p. 29 ) — the Court ( First Chamber ),                 ( Rapporteur ), acting as President of the Chamber, J. C.
composed of D. A. O. Edward ( Rapporteur ), President of                Moitinho de Almeida, C. Gulmann, P. Jann and L. Sevon,
the Chamber, P. Jann and L. Sevon, Judges; G. Cosmas,                   Judges; G. Cosmas, Advocate General; L. Hewlett,
Advocate General; H. A. Ruhl, Principal Administrator, for              Administrator, for the Registrar, has given a judgment on
the Registrar, has given a judgment on 7 December 1995 , in             7 December 1995, in which it rules :
which it rules :
                                                                        Council Directive 77/187/EEC of 14 February 1977 on the
1 . Article I (1 ) (a) of Council Directive 75/129/EEC of               approximation of the laws of the Member States relating to
      17 February 1975 on the approximation of the laws of              the safeguarding of employees ' rights in the event of
      the Member States relating to collective redundancies is          transfers of undertakings, businesses or parts of businesses
      to be interpreted as meaning that it does not preclude            is applicable to the transfer of an undertaking which under
      two or more interrelated undertakings in a group,                 Article 2 (5) (c) of Italian Law No 675 of 12 August 1977
      neither or none of which has decisive influence over the          has been declared to be in critical difficulties.
      other or others, from establishing a joint recruitment
      and dismissal department so that, in particular,                   (') OJ No C 43 , 12 . 2 . 1994 .
      dismissals on grounds of redundancy in one of the
      undertakings can take place only with that department's
      approval.