Collective redunancies: meaning of 'undertaking controlling the employer' - Bichat v Aviation Passage Service Berlin GmbH & Co KG (2018) (C-61/17, C-62/17 and C-72/17) [ECJ] 07.08.18 (Unreported)

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. HELD that the term 'undertaking controlling the employer' in the Collective Redundancies Directive art.2(4) 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 compel it to contemplate or to plan for collective redundancies.