The Advocate general Mengozzi delivered his conclusions, last September 12th, on a French case opposing the five Trade Union Confederations to the government. The latter adopted an order (n°2005-852) allowing employers to exclude from the calculation of the size of their undertaking the employees up to 26 years old. In his conclusions, Mr Mengozzi asks the Court to declare this provision contrary to the EU directive on information and consultation and collective redundancies. (Ref. 06884)
The French government passed this rule with the aim to foment young worker’s hiring. The French unions brought actions before the highest administrative jurisdiction (Conseil d’Etat) to cancel this order. The national Court asked the European Court of Justice, in a preliminary ruling, to consider the conformity of the order to the Directive 2002/14 establishing a general framework for informing and consulting employees and 98/59 on mass redundancies.
Directive on information and consultation. T
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