EU: EU law allows limits to individual appeal against the procedure of information and consultation for a collective redundancy

Facts. In 2004, Mono Car Styling informed the works council of its financial situation and the possibility of mass layoffs. Then, it signed with all union representatives a collective labor agreement providing for the modalities of the restructuring procedure and the conditions of the mass layoff, including the non execution of notices and some elements on layoff pay. The said collective labor agreement specifies that the procedure of information and consultation for the mass layoff was respected by the company. Besides, the general assembly adopted the social plan abovementioned and the works council validated the vote of the said assembly. The competent public authority accepted the reduced notice. Nevertheless, 21 of the 30 employees laid off went to the Labor Court of Liege, saying that the procedure was irregular and asking to be reintegrated and for additional damages. Yet, in Belgian law, workers can only object to the procedure by raising precise complaints and if the company’s staff representatives complained to the employer about the conditions of the information and consultation procedure within a certain delay. At first instance, the judge ruled that the request was admissible and satisfied the request. The Court of Appeal asked the European Court of Justice whether this limited right to of appeal against a mass layoff complied with Directive 98/59 which imposes several obligations on employers in terms of information and consultation of the workers and/or their representatives in case of collective redundancies.