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Advocate General opinion on TUPE implications of loss of a service contract to a competitor - Colino Siguenza v Ayuntamiento de Valladolid (C-472/16) [ECJ AdvGen] 06.12.17 (Unreported)

Reference for a preliminary ruling — Transfer of an undertaking — Prohibition of dismissal by reason of transfer — Dismissal for economic reasons – Directive 2001/23/EC – Expiring concession to run a music school –Loss of a service contract to a competitor –Economic entity – Economic entity which retains its identity – Collective dismissal – Right to an effective remedy – Article 47 of the Charter on Fundamental Rights of the EU - Opinion concerning the circumstances in which the loss of a service contract to a competitor was be regarded as a transfer of an economic entity within the meaning of Directive 2001/23 such as to require the new contractor to take over staff of the previous contractor.

Link to Opinion
Category: Employment » Redundancy; Transfer of undertakings; EC Law. Area(s) of law: Employment.

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