Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 22 July 2022 — EI v SC Brink’s Cash Solutions SRL

(Case C-496/22)

(2022/C 398/17)

Language of the case: Romanian

Referring court

Curtea de Apel București

Parties to the main proceedings

Appellant: EI

Respondent: SC Brink’s Cash Solutions SRL

Questions referred

Do [the first subparagraph of] Article 1[(1)(b)] and Article 6 of Council Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies, (1) read in the light of recitals 2 and 6 of the preamble to that directive, preclude national legislation which allows an employer not to consult the workers affected by a collective redundancy procedure since they have neither appointed representatives nor a legal obligation to appoint them?

Are [the first subparagraph of] Article 1[(1)(b)] and Article 6 of Council Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies, read in the light of recitals 2 and 6 of the preamble to that directive, to be interpreted as meaning that, in the circumstances described above, the employer is required to inform and consult all the employees affected by the collective redundancy procedure?

(1) Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ 1998 L 225, p. 16, Special edition in Romanian: Chapter 05 Volume 005 P. 95).