||All England Reporter
|| All ER (D) 199 (Jan)
||Court of Justice of the European Communities (Sixth Chamber)
Judges Macken (President), Gulmann, Puissochet (Rapporteur), Schintgen, and Cunha Rodrigues
||24 January 2002
European community - Continuity of employment - Transfer of trade, business or undertaking - Safeguarding of employees' rights in the event of transfers of undertakings - Applicability of directive - Analysis of subject of transfer and its contractual nature - Council Directive (EEC) 77/187.
(1)Article 1(1) of Council Directive (EEC) 77-187 of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of the employees' rights in the event of transfers of undertakings, businesses or parts of businesses had to be interpreted as applying to a situation in which a contractor which had entrusted the contract for cleaning its premises to a first undertaking, which had that contract performed by a subcontractor, terminated that contract, and entered into a new contract for the performance of the same work with a second undertaking, where the transaction did not involve any transfer of tangible or intangible assets between the first undertaking or the subcontractor and the second undertaking, but the had taken on, under a collective labour agreement, part of the staff of the subcontractor, provided that the staff thus taken on were an essential part, in terms of their number and their skills, of the staff assigned by the subcontractor to the performance of the subcontract; and (2)Article 3(1) of Council Directive (EEC) 77-187 had to be interpreted as meaning that it did not preclude the contract or employment relationship of a worker employed by the transferor on the date of the transfer of the undertaking within the meaning of art1(1) of that directive from continuing with the transferor where that worker objected to the transfer of his employment contract or employment relationship to the transferee.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary