CELEX: 62010CN0235
Language: en
Date: 2010-05-12 00:00:00
Title: Case C-235/10: Reference for a preliminary ruling from the Cour de cassation (Luxembourg) lodged on 12 May 2010 — David Claes v Landsbanki Luxembourg SA (in liquidation)

31.7.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/22
            
         Reference for a preliminary ruling from the Cour de cassation (Luxembourg) lodged on 12 May 2010 — David Claes v Landsbanki Luxembourg SA (in liquidation)
   (Case C-235/10)
   ()
   2010/C 209/28
   Language of the case: French
   
      Referring court
   
   Cour de cassation
   
      Parties to the main proceedings
   
   
      Applicant: David Claes
   
      Defendant: Landsbanki Luxembourg SA (in liquidation)
   
      Questions referred
   
   
               1.
            
            
               Are Articles 1, 2 and 3 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (1) to be interpreted as applying to a termination of activities as a result of a declaration that the employer is insolvent or a judicial decision ordering the dissolution and winding-up, on grounds of insolvency, of the credit institution which is the employer on the basis of Article 61(l)(a) and (b) of the amended Law of 5 April 1993 relating to the financial sector, in respect of which termination the national legislation provides for the termination of employment contracts with immediate effect?
            
         
               2.
            
            
               If the answer to the first question is in the affirmative, are Articles 1, 2 and 3 of Directive 98/59/EC to be interpreted as meaning that the administrator or liquidator is to be deemed to be in the same position as an employer who is contemplating collective redundancies and who is capable of carrying out, to that end, the acts referred to in Articles 2 and 3 of Directive 98/53/EC and of effecting such redundancies (judgment in Case C-323/08, paragraphs 39, 40 and 41)? (2)
               
            
         
      (1)  OJ 1998 L 225, p. 16.
   
      (2)  Judgment of 10 December 2009 in Case C-323/08 Rodríguez Mayor and Others