Union Européenne de l'artisanat et des petites et moyennes entreprises (UEAPME) v Council of the European Union (T-135/96)

Judgment of 17 Jun 1998

law://eu/cjeu/1996/t-135-96/para_75@2026-11-14

75Thus, neither Article 3(4) nor Article 4 of the Agreement expressly identifies ‘management and labour’ for the purposes of the negotiations referred to. Nevertheless, the way in which the provisions are structured and the existence of the prior consultation stage suggest that the representatives of management and labour which participate in the negotiations must at the very least have been among those consulted by the Commission. That does not mean to say, however, that all those consulted by the Commission — the representatives of management and labour listed in Annex 2 to the Communication — have the right to take part in the negotiations. The negotiation stage, which may come into being during the consultation stage initiated by the Commission, depends exclusively on the initiative of those representatives of management and labour who wish to launch such negotiations. The representatives of management and labour concerned in the negotiation stage are therefore those who have demonstrated their mutual willingness to initiate the process provided for in Article 4 of the Agreement and to follow it through to its conclusion.

Union Européenne de l'artisanat et des petites et moyennes entreprises (UEAPME) v Council of the European Union (T-135/96)

Key facts

History · 1 version

Connections