While the number and intensity of restructurings should soar in 2009, the Court of Justice of the European Communities was seized with two cases which should enhance workers' right to be informed and consulted. One is at the stage of oral argument, the other of conclusions. In both cases, the judges are asked to interpret provisions on information and consultation provided for in Directive 98/59 of July 20, 1998 on collective redundancies. (Ref. 090010)
The first case, for which the Advocate General will render her conclusions on January 21, concerns a Belgian car equipment manufacturer, Mono Car Styling, in liquidation since June 30, 2006 ( case C-12/08). The Court of Justice was referred to for a preliminary ruling by the Labor Court of Liege, addressing two major issues:
- Interpretation of article 6 of the directive which states that “Member States shall ensure that judicial and/or administrative procedures for the enforcement of obligations under this Directive are available to the workers’ representatives and/or workers.”
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