Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/20/2017

Subject: The Court affirmed that where a municipal undertaking, whose sole shareholder is a municipality, is wound up by a decision of the municipality’s executive body and its activities are transferred in part to the municipality to be carried on directly by it and in part to another municipal undertaking re-formed for that purpose, whose sole shareholder is also that same municipality, that situation falls within the scope of 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, provided that the identity of the undertaking in question is preserved after the transfer. A person who, because his employment contract is suspended, is not actually performing his duties, is covered by the concept of ‘employee’ within the meaning of Directive 2001/23 in so far as that person is protected as an employee under the national law concerned. The rights and obligations arising from that person’s employment contract must be considered to have been transferred to the transferee

Parties: Piscarreta Ricardo

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

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