Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/18/2013

Subject: The Court affirmed that Directive 2001/23/EC, on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, must be interpreted as precluding a Member State from providing, in the event of a transfer of an undertaking, that dynamic clauses referring to collective agreements negotiated and adopted after the date of transfer are enforceable against the transferee, where that transferee does not have the possibility of participating in the negotiation process of such collective agreements concluded after the date of the transfer.

Parties: Mark Alemo-Herron e altri

Classification: Solidarity - Art. 28 Rights of workers, employers and their organisations: negotiations - Rights of workers, employers and their organisations: collective agreements

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