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CJEU judgment re TUPE Directive - Ricardo v Portimao Urbis, E.M., SA, in liquidation and Others (2017) (C-416/16) [ECJ] 20.07.17 (Unreported)

Reference for a preliminary ruling — Directive 2001/23 articles 1(1)(b) and 2(1)(d) – Transfer of undertakings – Safeguarding of employees’ rights — Scope — Concepts of ‘employees’ and ‘transfer of a business’. HELD that where an undertaking was transferred and Directive 2001/23 applied, the parties must include all employees, including those who may be on long-term unpaid leave, in the list of transferring employees.

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

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