29.3.2014

Official Journal of the European Union

C 93/14

(Case C-596/12) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Collective redundancies - Concept of ‘workers’ - Exclusion of ‘dirigenti’ - Directive 98/59/EC - Article 1(1) and (2) - Infringement)

2014/C 93/22

Language of the case: Italian

Parties

Applicant: European Commission (represented by: J. Enegren and C. Cattabriga, acting as Agents)

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by S. Varone, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ 1998 L 225, p. 16) — Scope — Concept of workers — Inclusion of managers in that concept.

Operative part of the judgment

The Court:

1.Declares that, by excluding, in Article 4(9) of Law No 223 relating to provisions on technical lay-offs, mobility, unemployment benefit, implementation of Community directives, employment services and other provisions relating to the employment market (legge n. 223 — Norme in materia di cassa integrazione, mobilita’, trattamenti di disoccupazione, attuazione di direttive della Comunita’ europea, avviamento al lavoro ed altre disposizioni in materia di mercato del lavoro), of 23 July 1991, the category of ‘dirigenti’ from the scope of 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, the Republic of Italy has failed to fulfil its obligation under Article 1(1) and (2) of that Directive.

2.Orders the Republic of Italy to pay the costs.

(<span class="super">1</span>) OJ C 71, 9.3.2013.