CELEX: C2004/300/07
Language: en
Date: 2004-12-04 00:00:00
Title: Judgment of the Court (Second Chamber) of 12 October 2004 in Case C-55/02: Commission of the European Communities v Portuguese Republic (Member State's failure to fulfil obligations — Articles 1, 6 and 7 of Directive 98/59/EC — Concept of ‘collective redundancy’ — Rules governing dismissals assimilated to redundancies — Incomplete transposition)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/4
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 12 October 2004
   in Case C-55/02: Commission of the European Communities v Portuguese Republic (1)
   
   (Member State's failure to fulfil obligations - Articles 1, 6 and 7 of Directive 98/59/EC - Concept of ‘collective redundancy’ - Rules governing dismissals assimilated to redundancies - Incomplete transposition)
   (2004/C 300/07)
   Language of the case: Portuguese
   In Case C-55/02: action under Article 226 EC for failure to fulfil obligations, brought on 22 February 2002, between Commission of the European Communities (Agents: J. Sack and M. França) and Portuguese Republic (Agents: L. Fernandes and F. Ribeiro Lopes) — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann, F. Macken, N. Colneric (Rapporteur), and J.N. Cunha Rodrigues, Judges; A. Tizzano, Advocate General; R. Grass, Registrar, has given a judgment on 12 October 2004, in which it:
   
               1.
            
            
               Declares that, by restricting the concept of collective redundancies to redundancies for structural, technological or cyclical reasons, and by failing to extend that concept to dismissals for any reason not related to the individual workers concerned, the Portuguese Republic has failed to fulfil its obligations under Articles 1 and 6 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies;
            
         
               2.
            
            
               Dismisses the remainder of the action;
            
         
               3.
            
            
               Orders the Portuguese Republic to pay the costs.
            
         
      (1)   OJ C 97 of 20.4.2002.