issues court cases and the question of a litigation strategy IndustriAll CPC Malmö 18032015 EMF 2005 List of existing court cases and similar rulings involving ID: 276734
Download Presentation The PPT/PDF document "Legal" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Legal issues, court cases and the question of a litigation strategy
IndustriAll
CPC
Malmö
18.03.2015Slide2
EMF 2005List of existing court cases and similar rulings
involving
EWCs - to be publicised on the EMF homepage
CompanyCourtsSubjectBrief sketch by:Right to information needed to set up an EWCBofrostDE, ECJRight to information to set up EWCAlineKuhne & NagelDE Right to information to set up EWCAlineBecton DeckensonFRRight to information to set up EWCPatrickADS AnkerDE ECJRight to information to set up EWCAline Legal status of agreements setting up EWCsMarks & SpencerFRLegal status of agreement setting up EWCPatrickAGFFRLegal status of agreement setting up the EWC Patrick Timing and sequence of information & consultationRenaultFRTiming of info and consultationPatrickPanasonicFRTiming of info and consultation, (case dismissed bc EWC Chair had no mandate)PatrickOtisFRSequence of Information and Consultation (national and EWC levels) PatrickAlstomFRSequence of Information and Consultation (national and EWC levels)PatrickAltadisFRSequence of Information and Consultation (national and EWC levels)PatrickST MicroelectronicsFRSequence of Information and Consultation (national and EWC levels)Patrick EWC legal rights (collective and individual) JungheinrichDEEWC gave Chair mandate to go to courtAlineP & O FerriesUKEWC is part of company and cannot take case to court against companyBoCrawford TorDEDismissal of EWC member, applicability of national lawAlineCitibankESInter union dispute re EWC membershipJavier Other issues / European InsitutionsSchneider LegrandFRRight to be heard by Commission regarding Mergers PatrickCommission vs LuxembourgECJFailure to implement DirectiveJavier
EMF CPC ad hoc Working Group on EWC Legal Issues
EWC Court Cases
list of known decisions
(as of October 2005)Slide3
ETUI’s present overviewMore consistency and detailing needed (like the old EMF overview) Search possibilities by:Issue of the
conflict
(
key words)
CompanyCountryDirective article numberEJC-cases also separately presented (more importance)Joint ETUI and IndustriAll projectSlide4
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 courtWhich court
:Labour courtCivil courtCriminal courtArbitration system of some kindFunding (also for an appeal)Different national traditionsSlide5
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