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Case Law C-458/12 (06/03/2014)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/06/2014

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 does not preclude national legislation which, on the transfer of part of the undertaking, permits the transferee to take over the employment relationship from the transferor if that part of the undertaking does not constitute a functionally autonomous economic entity existing before the transfer. Moreover this Directive does not preclude national legislation which enables the transferee to take over the employment relationships from the transferor if, after the transfer of part of an undertaking concerned exercises extensive, overriding powers over the transferee.

Parties: Lorenzo Amatori e altri

Classification: Solidarity - Art. 28 Rights of workers, employers and their organisations: organisation

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