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CJEU Case C-201/15 / Opinion

Anonymi Geniki Etairia Tsimenton Iraklis (AGET Iraklis) v Ypourgos Ergasias, Koinonikis Asfalisis kai Koinonikis Allilengyis

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
09/06/2016

Key facts of the case:

Reference for a preliminary ruling — Directive 98/59/EC — Approximation of the laws of the Member States relating to collective redundancies — Article 49 TFEU — Freedom of establishment — Charter of Fundamental Rights of the European Union — Article 16 — Freedom to conduct a business — National legislation conferring upon an administrative authority the power to oppose collective redundancies after assessing the conditions in the labour market, the situation of the undertaking and the interests of the national economy — Acute economic crisis — Particularly high national unemployment rate.

Outcome of the case:

On the basis of the foregoing, I consider that

the questions referred ought to be answered to the effect that, on a proper construction, Article 49 TFEU, interpreted in the light of Article 16 of the Charter of Fundamental Rights of the European Union, precludes a provision such as Article 5(3) of Nomos No 1387/1983 Elenchos omadikon apolyseon kai alles diataxeis (Law No 1387/1983 on the review of collective redundancies and other provisions), of 18 August 1983 (FEK A’ 110/18-19.8.1983), which requires employers to obtain administrative authorisation prior to carrying out collective redundancies and which makes such authorisation dependent on the conditions in the labour market, the situation of the undertaking and the interests of the national economy. The fact that the Member State concerned might be going through an acute economic crisis, accompanied by very high unemployment rates, does not affect this conclusion.