CELEX: C2006/326/20
Language: en
Date: 2006-12-30 00:00:00
Title: 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)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/10
            
         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 establishment's activities of the employer's own volition)
   (2006/C 326/20)
   Language of the case: Greek
   Referring court
   Arios Pagos (Greece)
   Parties to the main proceedings
   
      Applicants: Georgios Agorastoudis and Others (C-187/05), Ioannis Panou and Others (C-188/05), Kostantinos Kotsampougioukis and Others (C-189/05), Georgios Akritopoulos and Others (C-190/05)
   
      Defendant: Goodyear Hellas AVEE
   
      Intervening parties: Geniki Sinomospondia Ergaton Elladas (GSEE), Ergatoipalliliko Kentro Thessalonikis (C-187/05 and C-189/05)
   Re:
   Reference for a preliminary ruling — Arios Pagos — Interpretation of Article 1(2) of Council Directive 75/129/EEC of 17 February 1975 on the approximation of the laws of the Member States relating to collective redundancies (OJ 1975 L 48, p. 29) — Inapplicability of the directive to workers affected by the termination of an establishment's activities where that is the result of a judicial decision — Meaning
   Operative part of the judgment
   Council Directive 75/129/EEC of 17 February 1975 on the approximation of the laws of the Member States relating to collective redundancies 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.