The Charter of Fundamental Rights of the European Union article 27 says workers must be ‘guaranteed information and consultation in good time’.
He said ‘the recognition of particular economic and social rights would result in the judicialisation of public policy, particularly in areas of significant budgetary importance.’[1] The Court of Justice, Grand Chamber, held the Directive article 2(d) and article 3 defines who is to be included in its scope, and does not allow the exclusion of certain groups of workers when calculating the number of staff.
40 In the case in the main proceedings, it is apparent from the order for reference that the Cour de cassation is faced with such a limitation, so that Article L. 1111-3 of the Labour Code cannot be interpreted in conformity with Directive 2002/14.
42 In respect of Article 27 of the Charter, as such, it should be recalled that it is settled case-law that the fundamental rights guaranteed in the legal order of the European Union are applicable in all situations governed by European Union law (see Case C-617/10 Åkerberg Fransson [2013] ECR, paragraph 19) [...] 47 In this connection, the facts of the case may be distinguished from those which gave rise to Kücükdeveci in so far as the principle of non‑discrimination on grounds of age at issue in that case, laid down in Article 21(1) of the Charter, is sufficient in itself to confer on individuals an individual right which they may invoke as such.
48 Accordingly, Article 27 of the Charter cannot, as such, be invoked in a dispute, such as that in the main proceedings, in order to conclude that the national provision which is not in conformity with Directive 2002/14 should not be applied.