Eversheds Sutherland has represented Brink's Cash Solutions before the Court of Justice of the European Union in a request for a preliminary decision addressed to the court by Bucharest's Court of Appeal in a collective dismissal procedure case.
The defendant, Brink's Cash Solutions SRL, offers cash management services, including cash transport, cash processing, and ATM services, as well as digital solutions for retail.
According to Eversheds Sutherland, the company "was forced to initiate a collective dismissal proceeding due to the COVID-19 pandemic, while the claimant was a former employee of Brink's."
According to the firm, the Court of Appeal of Bucharest formulated the request on June 22, 2022, and asked the CJEU to weigh in regarding "the collective dismissal procedure, more precisely the interpretation of Article 1 paragraph (1) first paragraph letter (b), article 2, paragraph (3) and article 6 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States concerning collective redundancies."
"The complexity and difficulty of the case resulted from the divergent opinions expressed in national doctrine and jurisprudence," Eversheds Sutherland reported, "considering the atypical factual context, in which the employer did not have a social partner with whom to initiate consultations to identify solutions capable of avoiding the expected collective redundancies or mitigating their consequences by reducing the number of employees fired."
The Eversheds Sutherland team included Partner Sorin Susnea and Associate Raluca Zahanagiu.
