The ordinance n°2005-892, taken by the French government, which excludes workers under 26 years old from the calculation of enrollment thresholds, used in particular for the setting up of work's councils, violates the Community legislation. By a ruling of January 18th 2007, the Community judges affirmed that this measure, even provisional, deprives certain workers of their right to information and consultation and a minimal protection in the event of collective redundancy. The Employment Policy goals put forward by the French government to justify this changes nothing. (Ref. 070042)
The CJEC came to a conclusion on a prejudicial question addressed by the Conseil d’Etat, itself solicited by an action submitted by 5 French trade-union confederations. To support their request, the latter invoked directives 98/59 on collective redundancies and 2002/14 which poses a general framework for the information and consultation of workers at the national level.
An exclusion contrary to the directive’s objectives. The CJEC judged that the provision in question, by enabling employers to
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