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Document 62023CA0196
Case C-196/23, Plamaro: Judgment of the Court (Second Chamber) of 11 July 2024 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña – Spain) – CL and Others v DB, acting in the capacity of sole successor to FC, Fondo de Garantía Salarial (FOGASA) (Reference for a preliminary ruling – Social policy – Directive 98/59/EC – Collective redundancies – Article 1(1)(a) and Article 2 – Obligation to inform and consult workers’ representatives – Scope – Termination of employment contracts on the ground of the employer’s retirement – Articles 27 and 30 of the Charter of Fundamental Rights of the European Union)
Case C-196/23, Plamaro: Judgment of the Court (Second Chamber) of 11 July 2024 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña – Spain) – CL and Others v DB, acting in the capacity of sole successor to FC, Fondo de Garantía Salarial (FOGASA) (Reference for a preliminary ruling – Social policy – Directive 98/59/EC – Collective redundancies – Article 1(1)(a) and Article 2 – Obligation to inform and consult workers’ representatives – Scope – Termination of employment contracts on the ground of the employer’s retirement – Articles 27 and 30 of the Charter of Fundamental Rights of the European Union)
Case C-196/23, Plamaro: Judgment of the Court (Second Chamber) of 11 July 2024 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña – Spain) – CL and Others v DB, acting in the capacity of sole successor to FC, Fondo de Garantía Salarial (FOGASA) (Reference for a preliminary ruling – Social policy – Directive 98/59/EC – Collective redundancies – Article 1(1)(a) and Article 2 – Obligation to inform and consult workers’ representatives – Scope – Termination of employment contracts on the ground of the employer’s retirement – Articles 27 and 30 of the Charter of Fundamental Rights of the European Union)
OJ C, C/2024/5201, 2.9.2024, ELI: http://data.europa.eu/eli/C/2024/5201/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2024/5201 |
2.9.2024 |
Judgment of the Court (Second Chamber) of 11 July 2024 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña – Spain) – CL and Others v DB, acting in the capacity of sole successor to FC, Fondo de Garantía Salarial (FOGASA)
(Case C-196/23, (1) Plamaro) (2)
(Reference for a preliminary ruling - Social policy - Directive 98/59/EC - Collective redundancies - Article 1(1)(a) and Article 2 - Obligation to inform and consult workers’ representatives - Scope - Termination of employment contracts on the ground of the employer’s retirement - Articles 27 and 30 of the Charter of Fundamental Rights of the European Union)
(C/2024/5201)
Language of the case: Spanish
Referring court
Tribunal Superior de Justicia de Cataluña
Parties to the main proceedings
Applicants: CL, GO, GN, VO, TI, HZ, DN, DL
Defendants: DB, acting in the capacity of sole successor to FC, Fondo de Garantía Salarial (FOGASA)
Operative part of the judgment
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1. |
Article 1(1) and Article 2 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, read together, must be interpreted as precluding a national law pursuant to which the termination of the employment contracts of a number of workers greater than that provided for in that Article 1(1), as a result of the retirement of the employer, is not classified as a ‘collective redundancy’ and does not give rise to the obligation to inform and consult the workers’ representatives provided for in that Article 2. |
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2. |
EU law must be interpreted as not requiring a national court, hearing proceedings between individuals, to disapply a national law, such as that referred to in point 1 of the present operative part, in the event that it is contrary to the provisions of Article 1(1) and Article 2 of Directive 98/59. |
(2) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
ELI: http://data.europa.eu/eli/C/2024/5201/oj
ISSN 1977-091X (electronic edition)