TUPE and pre-pack administrations: Advocate General opinion - Federatie Nederlandse Vakvereniging v Smallsteps BV (C-126/16) [ECJ AdvGen] 29.03.17 (Unreported)
Reference for a preliminary ruling — Directive 2001/23/EC — Safeguarding employees’ rights in the event of transfers of undertakings — Article 5(1) — Exception in the event of bankruptcy or insolvency proceedings — ‘Pre-pack’ — Continuation of the undertaking’s business. Advocate General OPINION that the protection scheme laid down by Directive 2001/23 for the benefit of the employees must apply in the event of a transfer of an undertaking as part of a pre-pack.Link to Opinion
Category: Employment » Transfer of undertakings; EC Law. Keyword(s): Pre-pack administrations. Area(s) of law: Employment; Litigation; Corporate and Commercial Law.