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ECJ judgment on whether transfer of undertaking had occurred - Grafe v SUdbrandenburger Nahverkehrs GmbH (2020) (C-298/18) [ECJ] 27.02.20 (Unreported)

Directive 2001/23/EC — Article 1(1) — Transfer of an undertaking — Safeguarding of employees’ rights — Operation of bus routes — Re-employment of the staff —Operating resources not taken over — Grounds - Whether transfer had taken place. HELD that in the transfer of a function that was asset-focused, the fact that significant tangible assets were not transferred, because of legal, technical or environmental constraints, was relevant but not necessarily determinative when deciding whether a transfer of undertaking had occurred.

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

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