# C_2019295EN.01000401.xml

| 2.9.2019 | EN | Official Journal of the European Union | C 295/4 |
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2.9.2019

EN

Official Journal of the European Union

C 295/4

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Request for a preliminary ruling from the Juzgado de lo Social No 3 de Barcelona (Spain) lodged on 12 April 2019 — UQ v Marclean Technologies, S.L.U.

(Case C-300/19)

(2019/C 295/06)

Language of the case: Spanish

Referring court

Juzgado de lo Social No 3 de Barcelona

Parties to the main proceedings

Applicant: UQ

Defendant: Marclean Technologies, S.L.U.

Questions referred

| 1. | Must Article 1(1)(a)(i) and (ii) of Council Directive 98/59/EC (1) of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies be interpreted as meaning that the reference period of 30 or 90 days laid down as a condition for the existence of collective redundancies must always be calculated retrospectively from the date of the individual dismissal at issue? |
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1.

Must Article 1(1)(a)(i) and (ii) of Council Directive 98/59/EC (1) of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies be interpreted as meaning that the reference period of 30 or 90 days laid down as a condition for the existence of collective redundancies must always be calculated retrospectively from the date of the individual dismissal at issue?

| 2. | Second question: May Article 1(1)(a)(i) and (ii) of Council Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies be interpreted as meaning that the reference period of 30 or 90 days laid down as a condition for the existence of collective redundancies may be calculated prospectively from the date of the individual dismissal at issue without the need for subsequent terminations to be regarded as abusive? |
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2.

Second question: May Article 1(1)(a)(i) and (ii) of Council Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies be interpreted as meaning that the reference period of 30 or 90 days laid down as a condition for the existence of collective redundancies may be calculated prospectively from the date of the individual dismissal at issue without the need for subsequent terminations to be regarded as abusive?

| 3. | Third question: May the reference periods in Article 1(1)(a)(i) and (ii) of Council Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies be interpreted in such a way as to permit account to be taken of dismissals or terminations taking place within 30 or 90 days of the dismissal at issue as falling at some point within those periods? |
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3.

Third question: May the reference periods in Article 1(1)(a)(i) and (ii) of Council Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies be interpreted in such a way as to permit account to be taken of dismissals or terminations taking place within 30 or 90 days of the dismissal at issue as falling at some point within those periods?

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(1)  OJ 1998, L 225, p. 16.

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