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European Observer on fundamental right's respect

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Case Law C-472/16 (06/08/2018)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 08/06/2018

Subject: The Court affirmed that a situation where the successful tenderer for a service contract for the management of a municipal school of music, to which the municipal administration had supplied all the means necessary for the exercise of that activity, ceases that activity two months before the end of the current academic year, proceeding to dismiss the staff and returning those material resources to that municipal administration, which conducts a new tendering procedure solely for the following academic year and provides the new contractor with the same material resources, is capable of coming 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. In circumstances where the new contractor takes over the activity at the beginning of the next academic year, it appears that the dismissal of the employees was made for ‘economic, technical or organisational reasons entailing changes in the workforce’, provided that the circumstances which gave rise to the dismissal of all the employees and the delayed appointment of a new service provider are not a deliberate measure intended to deprive those employees of the rights conferred on them by Directive 2001/23

Parties: Colino Sigüenza

Classification: Solidarity - Art. 30 Protection against unjustified dismissal - Justice - Art. 47 Justice: effective

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