Fujitsu Siemens Computers Oy ECJ C-44/08

Body: Undetermined/Unknown

Company: Undetermined/Unknown

Type: judgment indirectly related to EWC

Date: 10/09/2009

Reference language: no information

Notes: The case deals with the timing of information and consultation in collective redundancies. The tenor: information and consultation must start as soon as some strategic decisions likely to result in collective redundancies are to be taken (anticipation). Full information must be given to employees' reps throughout the process. Coll. Redundancies are effective only when the information and consultaiton procedures have been completed. Case issue: litigation refers to Directive 98/59/EC on collective redundancies and management's obligation to complete information and consultation before such planned actions are to be implemented. (Preliminary ruling procedure – Directive 98/59/EC – Approximation of the laws of the Member States relating to collective redundancies – Article 2 – Protection of workers – Informing and consulting with workers – Group of undertakings – Parent company – Subsidiary) In Case C 44/08, REFERENCE for a preliminary ruling under Article 234 EC from the Korkein oikeus (Finland), made by decision of 6 February 2008, received at the Court on 8 February 2008, in the proceedings Akavan Erityisalojen Keskusliitto AEK ry and Others v Fujitsu Siemens Computers Oy, THE COURT (Fourth Chamber). Check also national jurisprudence, the latest judgement of the Finnish Supreme Court of 08/03/2010