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CJEU Case C-176/12 / Opinion

Association de médiation sociale v Union locale des syndicats CGT and Others.

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
ADVOCATE GENERAL
Type:
Opinion
Decision date:
18/07/2013
Key facts of the case:

 

Reference for a preliminary ruling: Cour de cassation - France.
Social policy - Directive 2002/14/EC - Charter of Fundamental Rights of the European Union - Article 27 - Subjecting the setting up of bodies representing staff to certain thresholds of employees - Calculation of the thresholds - National legislation contrary to European Union law - Role of the national court.

Outcome of the case:

In the light of the arguments set out, I propose that the Court reply in the following terms to the questions referred for a preliminary ruling by the Cour de cassation:

  1. Article 27 of the Charter of Fundamental Rights of the European Union, given specific substantive and direct expression in Article 3(1) of Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community, may be relied on in a dispute between individuals, with the potential consequences which this may have concerning non-application of the national legislation.
  2. Article 27 of the Charter of Fundamental Rights of the European Union, given specific substantive and direct expression in Article 3(1) of Directive 2002/14, must, in view of the impossibility of providing an interpretation of domestic law which is consistent with European Union law, be interpreted as meaning that it precludes national legislation which excludes a specific category of workers, namely those with ‘excluded contracts’, from the calculation of staff numbers for the purposes of that provision, allowing the national court, under Article 52(5) of the Charter, to refrain from applying national rules contrary to those rules of European Union law.