Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/13/2019

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 must be interpreted as meaning that a person who has entered into a contract for a position of trust, within the meaning of the national legislation at issue in the main proceedings, with the transferor may be regarded as an ‘employee’ and thus benefit from the protection which that directive affords, provided, however, that that person is protected as an employee by that legislation and has a contract of employment at the date of transfer, which is a matter for the referring court to determine. According to the Court, Directive 2001/23, read in conjunction with Article 4(2) TEU, precludes national legislation which provides that, in the event of a transfer within the meaning of that directive and where the transferee is a municipality, the employees concerned must, first, undergo a public competitive selection procedure and, secondly, have a new relationship with the transferee

Parties: Correia Moreira

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

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