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TUPE transfer as part of pre-pack (ECJ judgment) - Federatie Nederlandse Vakvereniging v Smallsteps BV (2017) (C-126/16) [ECJ] 22.06.17 (Unreported)

Reference for a preliminary ruling — Directive 2001/23/EC — Articles 3 to 5 — Transfers of undertakings — Safeguarding of employees’ rights — Exceptions — Insolvency proceedings — ‘Pre-pack’ — Survival of an undertaking. HELD 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.

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Category: Employment » Transfer of undertakings. Keyword(s): Insolvency; Administration. Area(s) of law: Employment; Litigation; Corporate and Commercial Law.

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