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Collective redundancies: Consultation must precede notice of redundancy

Key points

In Junk v Kühnel, the ECJ holds:

  • Articles 2 to 4 of Directive 98/59/EC on collective redundancies must be construed as meaning that the event constituting "redundancy" is the declaration by the employer of its intention to terminate the employees' contracts of employment.
  • An employer is entitled to make collective redundancies only after the conclusion of consultation of workers' representatives provided for in art.