ECJ (C-134/24): Dismissals in the event of collective redundancies without notification remain a risk
The ECJ had to clarify the consequences of an employer making redundancies as part of a collective redundancy without first submitting the legally required collective redundancy notification to the competent authority (in Germany, typically the employment agency). The background to this is the EU Collective Redundancies Directive 98/59/EC, which is intended to ensure that authorities and employee representatives are involved in good time in order to mitigate the consequences and seek solutions.
What does the European Court of Justice (ECJ) actually say?
The ECJ clarifies: A dismissal that takes place in the context of a notifiable collective redundancy may not become effective if no notification has been made - and also not if it is to become effective before the expiry of the period provided for in the Directive (usually 30 days from notification).
Particularly important in practice: The employer cannot simply make up for the omitted notification at a later date in order to ensure that a previously given notice of termination „automatically“ takes effect 30 days after it has been made up for. It is precisely this „cure by postponement“ that the ECJ rejects.
What does this mean for employers?
For employers, this means that in the context of mass redundancies, notification is not a „form issue“, but a risk to effectiveness. Anyone who issues notices of termination without giving proper prior notice (and observing the deadlines) runs the risk that dismissals will not be enforced in the event of a dispute - with expensive consequences such as default of acceptance wages and lengthy proceedings. The ruling thus puts the brakes on tendencies to noticeably relax the requirements in German law.
A stringent procedure is recommended in practice: early review of the thresholds, correct and complete notification, deadline management, clean documentation - and only then the notices of termination at the right time.
What does this mean for employees?
The ruling provides employees with a strong argument if dismissals were made „too quickly“ or without a recognizable notification procedure as part of major staff reduction measures. In dismissal protection proceedings, the issue of mass dismissal notification can be a central point of attack because it can directly affect the effectiveness of the termination.
