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CJEU Case C-323/08 / Judgment

Ovidio Rodríguez Mayor and Others v Succession vacante de Rafael de las Heras Dávila and Sagrario de las Heras Dávila

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Fourth Chamber)
Decision date:

Key facts of the case:

Reference for a preliminary ruling – Protection of workers – Collective redundancies – Directive 98/59/EC – Termination of contracts of employment as a result of the death of the employer.

Outcome of the case:

On those grounds, the Court (Fourth Chamber) hereby rules:

  1. Article 1(1) 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 not precluding national legislation according to which the termination of contracts of employment of a number of workers, whose employer is a natural person, as a result of the death of that employer is not classified as collective redundancy;
  2. Directive 98/59 does not preclude national legislation which provides for different compensation depending on whether the workers lost their jobs as a result of the death of the employer or as a result of a collective redundancy.