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DOI: 10.5553/EELC/187791072023008002025

European Employment Law CasesAccess_open

Pending Cases

Case C-196/23, Collective Redundancies

Various applicants – v – DB, Fogasa, reference lodged by the Tribunal Superior de Justicia de Cataluña (Spain) on 24 March 2023

Keywords Collective Redundancies
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, "Case C-196/23, Collective Redundancies", European Employment Law Cases, 2, (2023):113-113

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      1. Is legislation such as the Spanish legislation (Article 49(1)(e) of Real Decreto Legislativo 2/2015 por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores (Royal Legislative Decree 2/2015 approving the consolidated text of the Law on the Workers’ Statute) of 23 October 2015), which does not establish a period of consultation in situations where contracts of employment in excess of the number laid down in Article 1 of that directive are terminated as a result of the retirement of the natural person employer, compatible with 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?

      2. If the answer to the preceding question is in the negative, does Directive 98/59 have direct horizontal effect between individuals?


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