EU: Advocate General Yves Bot says Community law doesn’t impose stronger protection against dismissal for staff representatives

The Danish legislation which transposes Directive 2002/14 on information and consultation at national level requires overriding reasons to be able to fire a staff representative. However, this only applies in the absence of a collective agreement governing the issue. Yet, the Danish social partners concluded an agreement, entitled Samarbejdsaftalen, which simply recognizes the right of increased notice (six months) for staff representatives who have been laid off.
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reasons to be able to fire a staff representative. However, this only applies in the absence of a collective agreement governing the issue. Yet, the Danish social partners concluded an agreement, entitled Samarbejdsaftalen, which simply recognizes the right of increased notice (six months) for staff representatives who have been laid off.


Facts. Mr. Holst, elected at the board of BWV and member of a trade union which didn’t sign this collective agreement, was terminated for economic reasons. The

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