USA v Nolan [2012] C-583/10 CJEU

Posted In: Case Law
  • Case Reference
    C-583/10 CJEU
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Redundancy
Issues covered: Collective redundancies; Jurisdiction of European Court

The case arose from a dispute between the US government and a civilian employee at a US military base in the United Kingdom, and concerned the former's obligation to consult with 106 staff before carrying out redundancies.

The Court of Appeal in England and Wales referred the following question to the Court of Judicature of the EU, which concerns the interpretation of Article 2 of Council Directive 98/59/EC on the approximation of the laws of Member States relating to collective redundancies. "Does the employer's obligation to consult about collective redundancies, pursuant to Directive 98/59, arise

(i) when the employer is proposing, but has not yet made, a strategic business or

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This article is correct at 26/10/2012
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