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European Observer on fundamental right's respect

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Case Law C-126/16 (22/06/2017)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/22/2017

Subject: According to the Court, employees’ rights in the event of transfers of undertakings may be maintained where a ‘pre-pack’ (a transfer of the assets prepared before the declaration of insolvency, with the consent of a prospective insolvency administrator) is put into effect following insolvency. A declaration of insolvency in the context of a ‘pre-pack’, which is aimed at preparing the transfer of an undertaking in order to enable a swift relaunch of the undertaking’s viable units once the insolvency has been declared, may not satisfy all the conditions required by EU law

Parties: Federatie Nederlandse Vakvereniging e a.

Classification: Solidarity - Art. 27 Worker’s rights: information

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