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

Posted in : Labour & Superior Court Case Law Review Panel on 12 October 2015
Síobhra Rush
Lewis Silkin
Issues covered:

The Irish statute European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 implement requirements under the EU Directive of 2001. Síobhra analyses the recent case of Ferreira da Silva e Brito and Others [2015] EUECJ C-160/14, where the CJEU considered whether the EU Transfer of Undertakings Directive (2001/23) would apply in a situation involving aircraft companies in Portugal.

The case gives further insight into the decisive criteria for the application of TUPE, and how they will be considered by courts/tribunals in Ireland and throughout the EU. In particular, it supplements the already growing body of case law on how the retention of identity will be

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This article is correct at 12/10/2015

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

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