On the premise that ‘worker’ must be taken to mean any person who, in the Member State in question, is protected as such by the national employment legislation, can a person who has a contract for a position of trust with the transferor be regarded as a ‘worker’ for the purposes of Article 2(1)(d) of Council Directive 2001/23/EC of 12 March 2001 and can that person, accordingly, enjoy the protection which that legislation confers?

Does EU legislation, in particular Directive 2001/23/EC, in conjunction with Article 4(2) of the Treaty on European Union, preclude a national rule which, even in the case of a transfer falling within the scope of that directive, requires that workers in all cases undergo a public selection procedure and become bound by a new relationship with the transferee where that transferee is a municipality?