ECJ 6 September 2011, case C-108/10 (Ivana Scattolon - v - Ministerio dell’ Instruzione, dell’ Università et della Ricerca), Employees who transfer/refuse to transfer, collective agreements
The takeover by a public authority of a Member State of staff employed by another public authority and entrusted with the supply to schools of auxiliary services including, in particular, tasks of maintenance and administrative assistance constitutes a transfer of an undertaking falling within Council Directive 77/187/EEC [ ... ], where the staff consist in a structured group of employees who are protected as workers by virtue of the domestic law of that Member State.
European Court of Justice (ECJ), 2011-09-06