Claes v Landsbanki Luxembourg SA (in liquidation) – WLR Daily

Posted March 10th, 2011 in consultations, EC law, employment, law reports, liquidators, redundancy by sally

Claes v Landsbanki Luxembourg SA (in liquidation) (Joined Cases C-235/10–239/10); [2011] WLR (D) 74

“Articles 1 and 3 of Council Directive 98/59/EC, concerning the procedure to be adopted upon collective redundancies, applied to the termination of the activities of an employing establishment as a result of a judicial winding up on grounds of insolvency, even where, in the event of such a termination, national legislation provided for the termination of employment contracts with immediate effect. Until the legal personality of an establishment whose dissolution and winding up had been ordered had ceased to exist, the obligations under article 2 and 3 of the Directive, concerning consultation of employees and notification of public authorities, had to be fulfilled.”

WLR Daily, 9th March 2011


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