(17 September) The interest in the Court case of EPSU vs the European Commission is increasing in the academic community. A well-attended seminar discussed various aspects 16 September. Consensus among the contributors emerged that the General Court had undervalued the need for a safe space with clear processes and criteria for the social partners to do collective bargaining at the European level. This resulted in the view of the GC that the Commission can arbitrarily intervene in the outcome of the negotiations between employers and unions. It was underlined that the Court was too easy on the Commission by setting aside what could be legitimate expectations and what are principles of good administrative behaviour which necessitated EPSU to run the case and appeal the outcome in the first place.
The ECJ has now granted EPSU an oral hearing. This will take place 26 October in Luxembourg. It will allow EPSU and the Commission to set out their arguments. An advocate general has been appointed to look at the various arguments indepth.