Abstract

Each case of collective redundancies carried out contrary to the provisions on protection against collective redundancies set out in Directive 98/59 justifies the injured employee’s claim for reinstatement. However, the mere opportunity for protection does not guarantee that dismissed employees will be able to return to their previous job position or be offered another job with the same employer. The judgment issued by the CJEU on 13 July 2023 in case C-134/22 MO v. SM considered the possibility of applying legal protection against collective redundancies based on the interpretation of the provisions of EU law. The collective nature of the legal protection provided for in this Directive deprives unfairly dismissed workers of the right to take individual action. Technically, such a possibility is created by Article 6 of Directive 98/59. However, the above norm does not ensure its application in Member States that have not introduced appropriate legal measures. Can the Federal Republic of Germany be considered such a country?