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Document 62024CN0402
Case C-402/24, Sewel: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 10 June 2024 – BL v Dr A, acting as liquidator of Luftfahrtgesellschaft Walter mbH
Case C-402/24, Sewel: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 10 June 2024 – BL v Dr A, acting as liquidator of Luftfahrtgesellschaft Walter mbH
Case C-402/24, Sewel: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 10 June 2024 – BL v Dr A, acting as liquidator of Luftfahrtgesellschaft Walter mbH
OJ C, C/2024/5216, 2.9.2024, ELI: http://data.europa.eu/eli/C/2024/5216/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/2024/5216 |
2.9.2024 |
Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 10 June 2024 – BL v Dr A, acting as liquidator of Luftfahrtgesellschaft Walter mbH
(Case C-402/24, Sewel) (1)
(C/2024/5216)
Language of the case: German
Referring court
Bundesarbeitsgericht
Parties to the main proceedings
Applicant, appellant and appellant in the appeal on a point of law: BL
Defendant, respondent and respondent in the appeal on a point of law: Dr A, acting as liquidator of Luftfahrtgesellschaft Walter mbH
Questions referred
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1. |
Is the purpose of the collective redundancy notification fulfilled, and a penalty therefore unnecessary, if the national employment agency does not object to an – objectively incorrect – collective redundancy notification and thus considers itself sufficiently well-informed to be able to perform its tasks within the time limits laid down in Article 4 of Council Directive 98/59/EC (2) of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies? Does that apply, in any event, where the achievement of the purpose of Article 3 of Directive 98/59/EC is ensured by a national provision of employment promotion law and/or the national employment agency has a duty to investigate on its own initiative? |
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2. |
If the answer to Question 1 is in the negative: Can the purpose of Article 3 of Directive 98/59/EC still be fulfilled if a collective redundancy notification that is incorrect or has not been given at all can be corrected, supplemented or given at a later stage after receipt of the notice of dismissal? |
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3. |
If, in the event that a collective redundancy notification is incorrect or has not been given, the standstill period in accordance with Article 4(1) of Directive 98/59/EC should be the penalty for errors in the notification, what scope of application still remains for Article 6 of Directive 98/59/EC in that respect? |
(1) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
(2) 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).
ELI: http://data.europa.eu/eli/C/2024/5216/oj
ISSN 1977-091X (electronic edition)