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Ferreira da Silva e Brito and Others  EUECJ C-160/14Case reference:  EUECJ C-160/14
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  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 considered, which is all the better for practitioners.