EELA Updates

Case report

2010-02-24

Czech Republic

2010/56: Claim for invalid dismissal crosses over to transferee (CZ)

The rights and obligations of an employee who was dismissed invalidly prior to a transfer of undertaking cross over to the transferee. In this particular case, however, they remain with the transferor on account of a judicial error.

Nejvyšší soud (Czech Supreme Court), 2010-02-24

Summary

2010-02-24

2010/56: Claim for invalid dismissal crosses over to transferee (CZ)

The rights and obligations of an employee who was dismissed invalidly prior to a transfer of undertaking cross over to the transferee. In this particular case, however, they remain with the transferor on account of a judicial error.

Nejvyšší soud (Czech Supreme Court), 2010-02-24

Case report

2009-12-08

Belgium

2010/74: A public employer can invoke the vertical direct effect of Directive 2001/23 to the detriment of its employees (BE)

A public entity that transfers its waste collection activities to another public entity can rely directly on Article 3(1) of the Acquired Rights Directive 2001/23/EC to automatically transfer the employment contracts of the workers concerned, without their consent.

Labour Court of Namur, 2009-12-08

Summary

2009-12-08

2010/74: A public employer can invoke the vertical direct effect of Directive 2001/23 to the detriment of its employees (BE)

A public entity that transfers its waste collection activities to another public entity can rely directly on Article 3(1) of the Acquired Rights Directive 2001/23/EC to automatically transfer the employment contracts of the workers concerned, without their consent.

Labour Court of Namur, 2009-12-08

Case report

2009-11-30

Greece

2011/37 Cypriot court applies Acquired Rights Directive (CY)

One company closed down a restaurant in November and another company reopened the restaurant in April, using the same name and the same equipment, offering identical services and being owned partly by the same owner. The court found this to constitute the transfer of an undertaking.

Employment Tribunal of Larnaka, 2009-11-30

Summary

2009-11-30

2011/37 Cypriot court applies Acquired Rights Directive (CY)

One company closed down a restaurant in November and another company reopened the restaurant in April, using the same name and the same equipment, offering identical services and being owned partly by the same owner. The court found this to constitute the transfer of an undertaking.

Employment Tribunal of Larnaka, 2009-11-30

Case report

2007-12-12

United Kingdom

2011/3: TUPE potentially applies to cross-border transfers (UK)

The United Kingdom legislation on transfer of undertakings (known as “TUPE”) has the potential to apply to a transfer outside the UK’s jurisdiction – and even beyond the European Union (EU).

Employment Appeal Tribunal, 2007-12-12

Summary

2007-12-12

2011/3: TUPE potentially applies to cross-border transfers (UK)

The United Kingdom legislation on transfer of undertakings (known as “TUPE”) has the potential to apply to a transfer outside the UK’s jurisdiction – and even beyond the European Union (EU).

Employment Appeal Tribunal, 2007-12-12