Bichat v Aviation Passage Service Berlin GmbH & Co. KG; Chlubna v Aviation Passage Service Berlin GmbH & Co. KG; Walkner v Aviation Passage Service Berlin GmbH & Co. KG

European Union – Employment. The first subparagraph of art 2(4) of Directive (EC) 98/59 should be interpreted as meaning that the term 'undertaking controlling the employer' covered all undertakings linked to that employer by shareholdings in the latter or by other links in law which allowed it to exercise decisive influence in the employer's decision-making bodies and compelled it to contemplate or to plan for collective redundancies. The Court of Justice so held in a preliminary ruling in joined cases relating to three sets of proceedings concerning the legality of the respective employee's dismissals in the light of the consultation procedures provided for in art 2 of Council Directive (EC) 98/59.

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