Ferreira da Silva e Brito and Others  EUECJ C-160/14Posted In: Case Law
Case Reference EUECJ C-160/14
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / Jurisdiction
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
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