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ECJ TUPE judgment - whether transfer of an economic entity - Colino Siguenza v Ayuntamiento de Valladolid (2018) (C-472/16) [ECJ] 07.08.18 (Unreported)

Reference for a preliminary ruling — Directive 2001/23/EC — Scope — Article 1(1) — Transfers of undertakings — Safeguarding of employees’ rights –Service contract for the management of a municipal Academy of Music — Cessation of the activity of the first contractor before the end of the current school year and designation of a new contractor at the beginning of the following school year — Article 4(1) — Prohibition of dismissal by reason of transfer — Exception — Dismissal for economic, technical or organisational reasons entailing changes in the workforce — Charter of Fundamental Rights of the European Union — Article 47 - Ruling 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 judgment
Category: Employment » Dismissal; Redundancy; Transfer of undertakings; EC Law; Human Rights. Area(s) of law: Employment; Public Sector.

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