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Application of TUPE where five month cessation of activities - Sigüenza v Ayuntamiento de Valladolid and others [ECJ] (C-472/16) 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. HELD that the five-month cessation of activities did not preclude the existence of a transfer of undertaking, but the dismissals were probably for an economic, technical or organisational reason entailing changes in the workforce.

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

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