Albron Catering (Social policy) [2010] EUECJ C-242/09 (21 October 2010)

Albron Catering (Social policy) [2010] EUECJ C-242/09 (21 October 2010)

In the event of a transfer of an undertaking within the meaning of Directive 2001/23/EC, the group company to which employees are assigned on a permanent basis, even without a contractual employment relationship, can be regarded as the 'transferor' for the purposes of the directive, provided it is responsible for the economic activity of the entity transferred.

Citation
[2010] EUECJ C-242/09
Parties
Appellant/respondent: Albron Catering BV; Applicant/claimant: FNV Bondgenoten; Applicant/claimant: Mr Roest
Jurisdiction
European Union
Judgment Date
03 June 2010
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (third Chamber) on Reference From Gerechtshof Te Amsterdam
Outcome
Preliminary ruling issued; interpretation of Directive 2001/23/EC provided.
Legal Topics
Transfer of Undertakings, Employee Rights, Employment Contract, Employment Relationship, Interpretation of Directive 2001/23/ec
European Union Law Labour Law Transfer of Undertakings Employee Rights Employment Contract Employment Relationship Interpretation of Directive 2001/23/ec

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Parties

Albron Catering BV

Appellant/respondent

FNV Bondgenoten

Applicant/claimant

Mr Roest

Applicant/claimant

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (third Chamber) on Reference From Gerechtshof Te Amsterdam

Legal Issues

  1. 1 Whether, under Directive 2001/23/EC, a company to which employees are permanently assigned but with which they have no employment contract can be regarded as 'transferor' in a transfer of undertaking within a group of companies.
  2. 2 Whether the protection of employees under Directive 2001/23/EC requires a contractual link with the transferor for rights and obligations to transfer.

Ratio Decidendi

In the event of a transfer of an undertaking within the meaning of Directive 2001/23/EC, the group company to which employees are assigned on a permanent basis, even without a contractual employment relationship, can be regarded as the 'transferor' for the purposes of the directive, provided it is responsible for the economic activity of the entity transferred.

Court Disposition

Preliminary ruling issued; interpretation of Directive 2001/23/EC provided.

Orders

  • It is possible to regard as a 'transferor' under Article 2(1)(a) of Directive 2001/23/EC the group company to which employees were assigned on a permanent basis, even without a contract of employment, in the event of a transfer of an undertaking to an entity outside the group.
  • No limitation in time of the effects of the judgment.