The 90 days determining collective redundancy: certus an, ¿certus quando?

Commentary on the judgment of the ECJ 11 November 2020, case C-300/19

Abstract

The Marclean Technologies judgment clarifies the time frame within which the 90-day period for counting redundancies must be calculated when determining whether or not a collective redundancy exists. In it, the Court of Justice does not consider that the jurisprudence of the Supreme Court is in accordance with Directive 98/59/EC and offers a much wider interpretation of this time period, but which, at the same time, opens many questions about its future application and highlights the urgent need to reform article 51.1 ET.