ECJ 16 February 2023, case C-675/21 (Strong Charon), Transfer

Strong Charon – Soluções de Segurança SA – v – 2045 – Empresa de Segurança SA, FL, Portuguese case

ECJ 16 February 2023, case C-675/21 (Strong Charon), Transfer

Strong Charon – Soluções de Segurança SA – v – 2045 – Empresa de Segurança SA, FL, Portuguese case

ECJ 28 April 2022, case C-237/20 (Federatie Nederlandse Vakbeweging (Pre-pack procedure)), Transfer, Employment terms, Insolvency

Federatie Nederlandse Vakbeweging - v - Heiploeg Seafood International BV, Heitrans International BV, Dutch case

ECJ 28 April 2022, case C-237/20 (Federatie Nederlandse Vakbeweging (Pre-pack procedure)), Transfer, Employment terms, Insolvency

Federatie Nederlandse Vakbeweging - v - Heiploeg Seafood International BV, Heitrans International BV, Dutch case

2020/49 Employing the former employees of a former service provider represents transfer of undertakings (RO)

The Bucharest Court of Appeal has ruled that the employment of the former employees of a previous service provider by the current service provider contracted by a legal entity and the performance of the same activity by the same employees in the same work locations constitutes a transfer of undertaking.

2020/49 Employing the former employees of a former service provider represents transfer of undertakings (RO)

The Bucharest Court of Appeal has ruled that the employment of the former employees of a previous service provider by the current service provider contracted by a legal entity and the performance of the same activity by the same employees in the same work locations constitutes a transfer of undertaking.

2020/39 Termination of franchise arrangement and entering into subsequent arrangement constitute a transfer of undertaking (IR)

The Irish Workplace Relations Commission has found that the termination of a franchise arrangement between a post office and a retail partner and a subsequent arrangement with another retail partner constituted a transfer of undertaking.

2020/39 Termination of franchise arrangement and entering into subsequent arrangement constitute a transfer of undertaking (IR)

The Irish Workplace Relations Commission has found that the termination of a franchise arrangement between a post office and a retail partner and a subsequent arrangement with another retail partner constituted a transfer of undertaking.

2020/23 Τhe Supreme Court reiterates the importance of retention of an organizational and functional link between the business factors transferred, a prerequisite in the existence of a transfer of undertaking (GR)

The Greek Supreme Court, in a case about the transfer of a business and the obligation on the transferee to continue employing the transferred employees, underlined the importance of a thorough and genuine control on all factors to be taken into consideration in order to conclude on the existence of a transfer of undertaking or not: the business transferred must retain an autonomous economic identity, in the sense that the functional link between the different factors transferred is retained, thus allowing the new entity to use them in order to exercise an economic activity identical or similar to the previous one.

2020/23 Τhe Supreme Court reiterates the importance of retention of an organizational and functional link between the business factors transferred, a prerequisite in the existence of a transfer of undertaking (GR)

The Greek Supreme Court, in a case about the transfer of a business and the obligation on the transferee to continue employing the transferred employees, underlined the importance of a thorough and genuine control on all factors to be taken into consideration in order to conclude on the existence of a transfer of undertaking or not: the business transferred must retain an autonomous economic identity, in the sense that the functional link between the different factors transferred is retained, thus allowing the new entity to use them in order to exercise an economic activity identical or similar to the previous one.