Judgment of the Court (Seventh Chamber) of 6 July 2023 (request for a preliminary ruling from the Dioikitiko Protodikeio Athinon - Greece) – Ethnikos Organismos Pistopoiisis Prosonton & Epangelmatikou Prosanatolismou (Eoppep) v Elliniko Dimosio

(Case C-404/22, ¹ Ethnikos Organismos Pistopoiisis Prosonton & Epangelmatikou Prosanatolismou)

(Reference for a preliminary ruling – Information and consultation of workers – Directive 2002/14/EC – Scope – Meaning of ‘undertaking carrying out an economic activity’ – Private-law entity operating in the public sector – Removal of workers appointed to managerial positions – No prior information or consultation of employee representatives)

Language of the case: Greek

Referring court

Dioikitiko Protodikeio Athinon

Parties to the main proceedings

Applicant: Ethnikos Organismos Pistopoiisis Prosonton & Epangelmatikou Prosanatolismou (Eoppep)

Defendant: Elliniko Dimosio

Questions referred

Article 2(a) of Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community

must be interpreted as meaning that that provision may refer to a legal person governed by private law which acts as a legal person governed by public law and exercises public powers where it also provides, for remuneration, services which are in competition with those provided by market operators.

Article 4(2)(b) of Directive 2002/14

must be interpreted as meaning that the information and consultation obligation laid down therein does not apply in the event of a change of post for a small number of employees appointed on an interim basis to management roles, where that change is not capable of affecting the situation, structure or probable development of employment within the undertaking concerned, or placing employment more generally under threat.

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¹ OJ C 359, 19.9.2022.