Legal issues, court cases and the question of a litigation strategy

IndustriAll CPCMalmö

18.03.2015

EMF 2005

• List of existing court cases and similar rulings involving EWCs - to be publicised on the EMF homepage

Company Courts Subject Brief sketch by:

Right to information needed to set up an EWCBofrost DE, ECJ Right to information to set up EWC AlineKuhne & Nagel DE Right to information to set up EWC AlineBecton Deckenson FR Right to information to set up EWC PatrickADS Anker DE ECJ Right to information to set up EWC Aline Legal status of agreements setting up EWCsMarks & Spencer FR Legal status of agreement setting up EWC Patrick

AGF FR Legal status of agreement setting up the EWC

Patrick

Timing and sequence of information & consultationRenault FR Timing of info and consultation PatrickPanasonic FR Timing of info and consultation,

(case dismissed bc EWC Chair had no mandate)

Patrick

Otis FR Sequence of Information and Consultation (national and EWC levels)

Patrick

Alstom FR Sequence of Information and Consultation (national and EWC levels)

Patrick

Altadis FR Sequence of Information and Consultation (national and EWC levels)

Patrick

ST Microelectronics FR Sequence of Information and Consultation (national and EWC levels)

Patrick

EWC legal rights (collective and individual) Jungheinrich DE EWC gave Chair mandate to go to court AlineP & O Ferries UK EWC is part of company and cannot take

case to court against companyBo

Crawford Tor DE Dismissal of EWC member, applicability of national law

Aline

Citibank ES Inter union dispute re EWC membership Javier Other issues / European InsitutionsSchneider Legrand FR Right to be heard by Commission regarding

Mergers Patrick

Commission vs Luxembourg

ECJ Failure to implement Directive Javier

EMF CPC ad hoc Working Group on EWC Legal Issues

EWC Court Caseslist of known decisions(as of October 2005)

ETUI’s present overview

• More consistency and detailing needed (like the old EMF overview)

• Search possibilities by:– Issue of the conflict (key words)– Company– Country– Directive article number– EJC-cases also separately presented (more importance)

• Joint ETUI and IndustriAll project

Challenges concerning a common litigation strategy

• Who is the legal person offended• Who is the appropriate legal person (legal or natural

individual) to go to court• Which court:– Labour court– Civil court– Criminal court– Arbitration system of some kind

• Funding (also for an appeal)• Different national traditions

Challenges concerning a common litigation strategy (continued)

• Always have to be prepared - even to lose the case and what would be the repercussion of that (nationally as well as internationally)

• Should the cases be discussed in advance in the CPC SWP? E.g. by e-mail? Or should this at least be notified?

• Romuald Jagodzinsky, ETUI, has done a study about the ways of how to go to court around Europe as well as a separate study of sanctions within the European EWC-law