Securitas — Serviços e Tecnologia de Segurança SA v Arthur George Resendes and Others [2017]

Posted In: Case Law
  • Case Reference
    CJEU C‑200/16
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: Acquired Rights Directive; Service Provision Change; Business Transfer; TUPE

This CJEU case relates to Portuguese law applying the Acquired Rights Directive (implementing the equivalent of our Transfer Regulations 2003). Local law in Portugal provided that a change of service provider does not give rise to a business transfer.  We do not have this same provision in the Irish Regulations.  This CJEU case held that a statutory provision of that nature is inconsistent with the Directive, and unenforceable as such.  
The case related to a change from one security provider to another at a Port, where the employees were responsible for monitoring the entry and exit of people and goods, by means of video surveillance devices, wearing uniforms and

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This article is correct at 07/02/2018

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Breda O'Malley
Hayes Solicitors

The main content of this article was provided by Breda O'Malley. Contact telephone number is +353 1 662 4747 or email

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