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Rulings

ECJ 7 August 2018, case C-61/17 (Bichat), Collective redundancies

Miriam Bichat – v – Aviation Passage Service Berlin GmbH & Co. KG, German case

Journal European Employment Law Cases, Issue 4 2018
Keywords Collective redundancies
Abstract

    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.

Rulings

ECJ 28 June 2018, case C-57/17 (Checa Honrado), Insolvency

Eva Soraya Checa Honrado – v – Fondo de Garantía Salarial, Spanish case

Journal European Employment Law Cases, Issue 3 2018
Keywords Insolvency
Abstract

    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.

Pending cases

Case C-57/18, Collective redundancies

AX – v – BV, reference lodged by the Bundesarbeitsgericht (Germany) on 30 January 2018

Journal European Employment Law Cases, Issue 2 2018
ECJ Court Watch

ECJ 20 December 2017, case C-103/16 (Porras Guisado), Unfair dismissal, Collective redundancies

Jessica Porras Guisado – v – Bankia SA and Others, Spanish case

Journal European Employment Law Cases, Issue 1 2018
Keywords Unfair dismissal, Collective redundancies
Abstract

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

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