Court watchEuropean Court of Justice (ECJ), February 16, 2023
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
The absence of a contractual link between a transferor and a transferee has no bearing on the establishment of the existence of a transfer. In a labor intensive undertaking, the fact that a only very limited number of employees is taken over, without them having specific skills and knowledge essential to the services, is not likely to establish the existence of a transfer. Unfortunately, no English translation of the case is available. Other translations are available here.