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Case C-196/23: Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña (Spain) lodged on 24 March 2023 — CL and Others v DB, sole successor to FC, and Fondo de Garantía Salarial (FOGASA)
ECLI:EU:UNKNOWN:62023CN0196
62023CN0196
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Valentina R., lawyer
28.8.2023
EN
Official Journal of the European Union
C 304/2
(Case C-196/23)
(2023/C 304/03)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicants: CL and Others
Defendant: DB, sole successor to FC, and Fondo de Garantía Salarial (FOGASA)
Questions referred
1.Is legislation such as the Spanish legislation (Article 49(1)(e) of Real Decreto Legislativo 2/2015 por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores (Royal Legislative Decree 2/2015 approving the consolidated text of the Law on the Workers’ Statute) of 23 October 2015), which does not establish a period of consultation in situations where contracts of employment in excess of the number laid down in Article 1 of that directive are terminated as a result of the retirement of the natural person employer, compatible with Article 2 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies?
2.If the answer to the preceding question is in the negative, does Directive 98/59 have direct horizontal effect between individuals?
Language of the case: Spanish
(1) OJ 1998 L 225. p. 16.