18In those circumstances the Juzgado de lo Social No 2 de Terrassa decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling, those questions being formulated in the same terms in Case C‑352/14 and Case C‑353/14:‘In the context of an action brought by an employee of Bankia … against his participation in a collective redundancy programme governed by an agreement subject to the Decision [on the BFA Group restructuring]:(1) Are Article 56 of the Worker’s Statute …, the Fifth transitional provision of Law 3/2012 … and Articles 123 and 124.13 of Law 36/2011 governing the social courts (Ley reguladora de la Jurisdicción Social), of 10 October 2011, which refers to the other provisions, contrary to Articles 107 TFEU and 108 TFEU, inasmuch as they materially increase the compensation authorised by the Decision [on the BFA Group restructuring]?(2) Is an interpretation of those national provisions that would allow the court, in the event that the dismissal is held to be fair, to adjust the compensation to the legal minimum provided for under national law contrary to the abovementioned provisions of EU law and to the Decision [on the BFA Group restructuring]?(3) Is an interpretation of those national provisions that would allow the court, in the event that the dismissal is held to be unfair, to adjust the compensation to the amounts provided for under the agreement reached in the consultation period, provided that those amounts are greater than the legal minimum but lower than the legal maximum, contrary to the abovementioned provisions of EU law and to the Decision [on the BFA Group restructuring]?’
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.