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Transfer of undertaking applied to museurm security services - Somoza Hermo, Ilunión Seguridad SA v Esabe Vigilancia S.A., Fondo de Garantía Salarial (Fogasa) (2018) (C-60/17) [ECJ] 11.07.18 (Unreported)

Reference for a preliminary ruling — Directive 2001/23/EC — Article 1(1) — Transfer of an undertaking — Article 3(1) — Safeguarding of employees’ rights — Taking over of employment contracts in accordance with the terms of a collective agreement — Collective agreement excluding the obligation, for the transferor and transferee of the undertaking, to assume joint and several liability in respect of the obligations, including those relating to wages, which arose from employment contracts before that undertaking was transferred. HELD that the Transfers of Undertakings Directive art.1(1) applied to the provision of security services to a museum, where the activity was essentially labour-based and could constitute an economic activity, and the new undertaking took on the majority of the employees of the previous undertaking.

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

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