Judgment of the Court (Fifth Chamber) of 7 August 2018 (request for a preliminary ruling from the Landesarbeitsgericht Berlin-Brandenburg — Germany) — Miriam Bichat (C-61/17), Daniela Chlubna (C-62/17), Isabelle Walkner (C-72/17) v Aviation Passage Service Berlin GmbH & Co. KG
(Joined Cases C-61/17, 62/17 and C-72/17) 1
(Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — First subparagraph of Article 2(4) — Definition of ‘undertaking controlling the employer’ — Procedures for consultation of workers — Burden of proof)
Language of the case: German
Referring court
Landesarbeitsgericht Berlin-Brandenburg
Parties to the main proceedings
Appellants: Miriam Bichat (C-61/17), Daniela Chlubna (C-62/17), Isabelle Walkner (C-72/17)
Respondent: Aviation Passage Service Berlin GmbH & Co. KG
Operative part of the judgment
The first subparagraph of Article 2(4) of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies must be interpreted as meaning that the term ‘undertaking controlling the employer’ covers all undertakings linked to that employer by shareholdings in the latter or by other links in law which allow it to exercise decisive influence in the employer’s decision-making bodies and compel it to contemplate or to plan for collective redundancies.
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1 OJ C 144, 8.5.2017.