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Case C-134/22, G GmbH: Judgment of the Court (Second Chamber) of 13 July 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — MO v SM as liquidator of G GmbH (Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Information and consultation — Second subparagraph of Article 2(3) — Obligation of employer contemplating a collective redundancy to forward to the competent public authority a copy of the information communicated to the workers’ representatives — Objective — Consequences of a failure to comply with that obligation)
ECLI:EU:UNKNOWN:62022CA0134
62022CA0134
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11.9.2023
Official Journal of the European Union
C 321/11
(Case C-134/22, G GmbH)
(Reference for a preliminary ruling - Social policy - Collective redundancies - Directive 98/59/EC - Information and consultation - Second subparagraph of Article 2(3) - Obligation of employer contemplating a collective redundancy to forward to the competent public authority a copy of the information communicated to the workers’ representatives - Objective - Consequences of a failure to comply with that obligation)
(2023/C 321/13)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: MO
Defendant: SM as liquidator of G GmbH
Operative part of the judgment
The second subparagraph of Article 2(3) 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 employer’s obligation to forward to the competent public authority a copy of, at least, the elements of the written communication which are provided for in the first subparagraph of Article 2(3), point (b), subpoints (i) to (v) of that directive is not intended to confer individual protection on the workers affected by collective redundancies.
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Language of the case: German