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CJEU judgment in Acquired Rights Directive case - Administrador de Infraestructuras Ferroviarias (ADIF) v Luis Aira Pascual (C-509/14) [ECJ] 26.11.15 (Unreported)

Reference for a preliminary ruling — Directive 2001/23/EC article 1(1) — Transfers of undertakings — Safeguarding of employees’ rights — Obligation on the transferee to take on workers — Public undertaking responsible for a public service — Provision of the service by another undertaking pursuant to a public service operating agreement — Decision not to extend that agreement following its expiry — Retention of identity of the economic entity — Activity based essentially on equipment — Employees not taken on. HELD that the Directive covered a situation in which a public undertaking, responsible for the handling intermodal transport units, entrusted, by a public service operating agreement, the performance of that activity to another undertaking, providing to the latter undertaking the necessary facilities and equipment, which it owned, and subsequently decided to terminate that agreement without taking over the employees of the latter undertaking, on the ground that it would henceforth perform that activity itself with its own staff.

Link to judgment
Category: Employment » Transfer of undertakings; EC Law. Keyword(s): Public procurement. Area(s) of law: Employment; Projects And Procurement; Infrastructure.

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