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Document C2007/269/53

    Case C-396/07: Reference for a preliminary ruling from the Korkein oikeus (Finland) lodged on 27 August 2007 — Mirja Juuri v Fazer Amica Oy

    OJ C 269, 10.11.2007, p. 30–31 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    10.11.2007   

    EN

    Official Journal of the European Union

    C 269/30

    Reference for a preliminary ruling from the Korkein oikeus (Finland) lodged on 27 August 2007 — Mirja Juuri v Fazer Amica Oy

    (Case C-396/07)

    (2007/C 269/53)

    Language of the case: Finnish

    Referring court

    Korkein oikeus

    Parties to the main proceedings

    Applicant: Mirja Juuri

    Defendant: Fazer Amica Oy

    Questions referred

    1.

    Is Article 4(2) of Council Directive 2001/23/EC (1) to be interpreted as meaning that a Member State must, in a situation in which an employee has himself given notice to terminate his contract of employment after his working conditions have become substantially worse following the transfer of a business, in its law guarantee the employee the right to obtain financial compensation from the employer in the same way as in the case where the employer has unlawfully terminated the employment contract, having regard to the fact that the employer has, as permitted by Article 3(3) of the directive, observed a collective agreement, binding on the transferor and guaranteeing the employee better working conditions, only until its expiry and the worsening of the working conditions arises from that?

    2.

    If the employer's responsibility in accordance with the directive is not as extensive as described in Question 1, must the responsibility of the employer nevertheless be implemented by providing compensation, for example, for pay and other benefits for the notice period to be observed by the employer?

    (1)  Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses OJ L 82, 22 March 2001, p. 16.

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