Italian regulations regarding collective redundancies found outside scope of Directive 98/59 and hence cannot be assessed against articles 20 and 30 of the Charter. Transitional scheme regarding conversion of fixed-term contracts into contracts for an indefinite term not found contrary to Clause 4 of the Framework Agreement on Fixed-Term Work (Directive 1999/70). Unfortunately, no English version of the judgment is available.

The reference period determining whether a collective dismissal took place, can be any 30-/90-day period in which the largest numbers of relevant dismissals took place.

The obligations regarding collective redundancies also apply to all undertakings linked to an employer by shareholdings or by other links in law which allow for decisive influence in decision-making bodies and compel it to contemplate or to plan for collective redundancies.

An employee is entitled to protection against insolvency if s/he is entitled to severance pay on the basis that the employer has changed the workplace, so forcing the employee to choose between relocating and ending the employment relationship - but before paying the severance in full, the employer becomes insolvent.

Directive 92/85 does not preclude national legislation that allows an employer to dismiss a pregnant worker in the context of a collective redundancy.

A unilateral amendment of employment conditions qualifies as ‘redundancy’ within Directive 98/59 on collective redundancies, if the employee’s refusal entails the termination of the employment contract.

A unilateral amendment of employment conditions qualifies as ‘redundancy’ within Directive 98/59 on collective redundancies, if the employee’s refusal entails the termination of the employment contract.

Where no agreement is reached with employee representatives on a planned collective redundancy, the employer must try to obtain permission from the Minister for Labour – who rarely gives it. The employer in this case argued successfully that this was a serious obstacle to its to freedom to establish and conduct business in Greece.