In a judgment handed down on April 29 2015 over a case between the EWC of an Australian packaging company and both management and its European subsidiaries, the judges at the Lörrach-Radolfzell labor court have decided that the EWC is only apt to lodge a complaint against the group’s European management team and not against the group’s separate national management teams. After reviewing the facts of the case before them they decided there was no obligation to inform the EWC because of a lack of “considerable consequences” related to the group’s decision (a site would be closed with the loss of 70 jobs, and the activity transferred in Poland). The judges held that the amount of fines for cases of non-respect of defined rules in German law over EWCs was not to be challenged and that the German legislator had totally respected the Directive 2009/38 over EWCs.
EWC demanded to be informed over exceptional circumstances. The case concerns the closure of a packaging unit in Northern Neumünster and subsequent offshoring to Poland with the laying off of nearly 70 workers in the German unit. From a decision on July 23, 2014 local management declared the redundancies on August 18, 2014. The EWC was informed on the same day. The EWC lodged a complaint challenging what it considered to be non-respect of its guaranteed right to information as intended by Germ
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