Official Journal of the European Union

C series

—

C/2024/2391

Judgment of the Court (Seventh Chamber) of 22 February 2024 (request for a preliminary ruling from the Tribunal Superior de Justicia de las Islas Baleares, Spain) — J.L.O.G., J.J.O.P. v Resorts Mallorca Hotels International SL

(Case C-589/22, (<span class="oj-super oj-note-tag">1</span>) Resorts Mallorca Hotels International)

(Reference for a preliminary ruling - Social policy - Collective redundancies - Directive 98/59/EC - Article 2(1) - Point at which the obligation to provide information and hold consultations arises - Number of actual or projected redundancies - Article 1(1) - Voluntary terminations of employment contracts before redundancies - Method for calculating the number of redundancies)

(C/2024/2391)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicants: J.L.O.G., J.J.O.P.

Defendant: Resorts Mallorca Hotels International SL

Operative part of the judgment

Article 2(1) of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies

must be interpreted as meaning that the consultation obligation that it lays down arises at the time when the employer, in the context of a restructuring plan, contemplates or plans a reduction of employment positions, the number of which may exceed those fixed in Article 1(1)(a) of that directive, and not when, after having adopted measures involving the reduction of that number, the employer became certain that it would in fact have to dismiss a number of workers greater than those fixed by the latter provision.

—

ELI: http://data.europa.eu/eli/C/2024/2391/oj

ISSN 1977-091X (electronic edition)

—

* * *

(*1) Language of the case: Spanish.