Christel Schmidt v Spar- und Leihkasse der frueheren Amter Bordesholm, Kiel und Cronshagen. (Social policy) [1994] EUECJ C-392/92 (14 April 1994)

Christel Schmidt v Spar- und Leihkasse der frueheren Amter Bordesholm, Kiel und Cronshagen. (Social policy) [1994] EUECJ C-392/92 (14 April 1994)

Article 1(1) of Directive 77/187/EEC covers a situation where an undertaking entrusts by contract to another undertaking the responsibility for carrying out cleaning operations previously performed itself, even if such work was carried out by a single employee.

Citation
[1994] EUECJ C-392/92
Parties
Plaintiff/appellant: Christel Schmidt; Defendant/respondent: Spar- und Leihkasse der frueheren AEmter Bordesholm, Kiel und Cronshagen (Savings and Lending Bank of the former Bordesholm, Kiel and Cronshagen Districts)
Jurisdiction
European Union
Judgment Date
14 April 1994
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference From Landesarbeitsgericht Schleswig Holstein to the Court of Justice of the European Communities
Outcome
Preliminary ruling: Article 1(1) of Directive 77/187/EEC applies to the contractual transfer of cleaning operations, even if previously performed by a single employee.
Legal Topics
Transfer of Undertakings, Employee Rights, Interpretation of Directive 77/187/eec, Dismissal of Employees, Ancillary Activities
Labour Law European Union Law Transfer of Undertakings Employee Rights Interpretation of Directive 77/187/eec Dismissal of Employees Ancillary Activities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Christel Schmidt

Plaintiff/appellant

Spar- und Leihkasse der frueheren AEmter Bordesholm, Kiel und Cronshagen (Savings and Lending Bank of the former Bordesholm, Kiel and Cronshagen Districts)

Defendant/respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference From Landesarbeitsgericht Schleswig Holstein to the Court of Justice of the European Communities

Legal Issues

  1. 1 Whether cleaning operations transferred by contract to a different firm constitute part of a business under Directive 77/187/EEC
  2. 2 Whether the directive applies if the transferred activity was previously performed by a single employee

Ratio Decidendi

Article 1(1) of Directive 77/187/EEC covers a situation where an undertaking entrusts by contract to another undertaking the responsibility for carrying out cleaning operations previously performed itself, even if such work was carried out by a single employee.

Court Disposition

Preliminary ruling: Article 1(1) of Directive 77/187/EEC applies to the contractual transfer of cleaning operations, even if previously performed by a single employee.

Orders

  • Article 1(1) of Council Directive 77/187/EEC is to be interpreted as covering a situation in which an undertaking entrusts by contract to another undertaking the responsibility for carrying out cleaning operations which it previously performed itself, even though, prior to the transfer, such work was carried out by...