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Document C2004/106/37

Case C-81/04: Reference for a preliminary ruling by the Arbeitsgericht Berlin by order of 14 January 2004 in the case of Veronika Richert v VK GmbH Service Gesellschaft für Vermögenszuordnung und Kommunalisierung mbH.

IO C 106, 30.4.2004, p. 20–21 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)

30.4.2004   

EN

Official Journal of the European Union

C 106/20

Reference for a preliminary ruling by the Arbeitsgericht Berlin by order of 14 January 2004 in the case of Veronika Richert v VK GmbH Service Gesellschaft für Vermögenszuordnung und Kommunalisierung mbH.

(Case C-81/04)

(2004/C 106/37)

Reference has been made to the Court of Justice of the European Communities by order of 14 January 2004 by the Arbeitsgericht Berlin (Labour Court, Berlin), which was received at the Court Registry on 18 February 2004, for a preliminary ruling in the case of Veronika Richert v VK GmbH Service Gesellschaft für Vermögenszuordnung und Kommunalisierung mbH on the following questions:

1.

Must Council Directive 98/59/EC (1) of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies be interpreted to the effect that ‘redundancy’ for the purposes of Article 1(1)(a) thereof is to be construed as meaning the notice of dismissal as the first act in terminating the employment relationship or does ‘redundancy’ mean the termination of the employment relationship upon expiry of the period of notice?

2.

If ‘redundancy’ is to be construed as meaning the notice of dismissal, does the Directive require that both the consultation procedure under Article 2 of the Directive and the notification procedure under Articles 3 and 4 thereof must have been concluded before the notices of dismissal are issued?

3.

If ‘redundancy’ is to be construed as meaning the actual termination of the employment relationship, is it sufficient under the terms of the Directive if the consultation procedure is also conducted only after the notices of dismissal have been issued?

(1)  OJ 1998 L 225, p. 16.

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