Location: Rep.of Ireland
Northern Ireland
Location: Rep.of Ireland
Northern Ireland
Home / Articles / Ferreira da Silva e Brito and Others [2015] EUECJ C-160/14
Back to search results

Ferreira da Silva e Brito and Others [2015] EUECJ C-160/14

Posted In: Case Law
  • Case Reference
    [2015] EUECJ C-160/14
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
Issues covered: Retention of Identity; Insolvency; Tangible Assets; Intangible Assets

A decision of the CJEU on the transfer of undertakings, and the “retention of identity” of part of a business is instructive to practitioners in advising on the transfer (or potential transfer) of employees. When advising on employment aspects in commercial transactions, particularly on the application of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (‘TUPE’), many practitioners fail to initially consider whether there is in fact a transfer of a business at all.

Most employers decide that there is, and assume that the obligations imposed under TUPE apply. This decision often happens without reviewing the intricacies of the transaction to

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

Back to search results
This article is correct at 18/11/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Síobhra Rush
Lewis Silkin

The main content of this article was provided by Síobhra Rush. Contact telephone number is +353 1566 9874 or email siobhra.rush@lewissilkin.com

View all articles by Síobhra Rush