ECJ 16 November 2023, case C-583/21-586/21 (NC (Transfer of a Spanish notary’s office), transfer of undertakings, dismissal

NC, JD, TA, FZ – v – BA, DA, DV, CG, Spanish case

ECJ 16 November 2023, case C-583/21-586/21 (NC (Transfer of a Spanish notary’s office), transfer of undertakings, dismissal

NC, JD, TA, FZ – v – BA, DA, DV, CG, Spanish case

2020/38 Supreme Court rules on the principle of continuity of civil service law in connection with a transfer of undertaking (FI)

The Finnish Supreme Court has overturned a Court of Appeal decision regarding a transfer of a municipal civil servant to a company during the privatization of a public utility company. The Supreme Court held that an employment relationship had not been established between the transferee and the unlawfully dismissed municipal civil servant despite the principle of continuity of civil service law. The concrete actions of the transferee had an important role in defining that no employment relationship had been constituted between the dismissed municipal civil servant and the private company.

2020/38 Supreme Court rules on the principle of continuity of civil service law in connection with a transfer of undertaking (FI)

The Finnish Supreme Court has overturned a Court of Appeal decision regarding a transfer of a municipal civil servant to a company during the privatization of a public utility company. The Supreme Court held that an employment relationship had not been established between the transferee and the unlawfully dismissed municipal civil servant despite the principle of continuity of civil service law. The concrete actions of the transferee had an important role in defining that no employment relationship had been constituted between the dismissed municipal civil servant and the private company.

2019/21 – Supreme Court rules on liability distribution between transferor and transferee (FI)

An insourcing following an earlier outsourcing is a transfer of undertaking.

2019/21 – Supreme Court rules on liability distribution between transferor and transferee (FI)

An insourcing following an earlier outsourcing is a transfer of undertaking.

ECJ 16 May 2019, case C 509/17 (Plessers), transfer of undertakings, dismissal/severance payment

Christa Plessers – v – Prefaco NV, Belgische Staat, Belgian case

ECJ 16 May 2019, case C 509/17 (Plessers), transfer of undertakings, dismissal/severance payment

Christa Plessers – v – Prefaco NV, Belgische Staat, Belgian case

ECJ 7 August 2018, C-472/16 (Sigüenza), Transfer of undertakings, Dismissal/severance payment

Jorge Luís Colino Sigüenza – v –  Ayuntamiento de Valladolid, In-pulso Musical SC, Miguel del Real Llorente, Administrador Concursal Músicos y Escuela SL, Músicos y Escuela SL, Fondo de Garantía Salarial (Fogasa), Spanish case.

A suspension of operations for five months does not preclude a transfer of undertaking. Moreover, the impossibility to pay staff may constitute an ETO reason for dismissal, provided that this is not caused by deliberate measures to deprive employees from the scope of the directive.

ECJ 7 August 2018, C-472/16 (Sigüenza), Transfer of undertakings, Dismissal/severance payment

Jorge Luís Colino Sigüenza – v –  Ayuntamiento de Valladolid, In-pulso Musical SC, Miguel del Real Llorente, Administrador Concursal Músicos y Escuela SL, Músicos y Escuela SL, Fondo de Garantía Salarial (Fogasa), Spanish case.

A suspension of operations for five months does not preclude a transfer of undertaking. Moreover, the impossibility to pay staff may constitute an ETO reason for dismissal, provided that this is not caused by deliberate measures to deprive employees from the scope of the directive.