Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 10/16/2008

Subject: In order to profit by directive on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer it is necessary that an undertaking, established in a Member State, have a stable economic presence in another Member State, featuring human resources which enable it to perform activities there. In the case of a transport undertaking established in a Member State, the mere fact that a worker employed by it in that State delivers goods between that State and another Member State cannot demonstrate that the undertaking has a stable economic presence in another Member State.

Parties: Holmqvist

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

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