ECJ 11 November 2020, Case C-300/19 (Marclean Technologies SLU), Collective Redundancies:

UQ – v – Marclean Technologies SLU, Spanish case

ECJ 11 November 2020, Case C-300/19 (Marclean Technologies SLU), Collective Redundancies

The reference period determining whether a collective dismissal took place, can be any 30-/90-day period in which the largest numbers of relevant dismissals took place.

Summary

Article 1(1), first paragraph under (a), must be interpreted as meaning that, in order to assess whether a disputed individual dismissal is part of a collective dismissal, the reference period referred to in this provision to determine whether there is a collective dismissal must be calculated by each period of 30 or 90 consecutive days in which this individual dismissal has taken place and in which the largest number of dismissals by the employer has occurred for one or more reasons that do not relate to the person of the employee within the meaning of this provision.
Unfortunately, no English translation has been made available yet. Other language versions are available on: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62019CJ0300.

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