European Employment Law Cases

Case Reports

2020/24 Transfer of actual control decisive for a transfer of undertaking, despite limited transfer of assets (NL)

Keywords Transfer of Undertakings, Transfer
Authors Zef Even en Eva Poutsma
Author's information

381437 Zef Even
Zef Even is a partner at SteensmaEven, Rotterdam, professor at Erasmus School of Law and editor-in-chief of EELC.

381440 Eva Poutsma
Eva Poutsma is an attorney-at-law at SteensmaEven, Rotterdam.
  • Abstract

      Within the context of a transfer of undertaking in an asset reliant group of companies, the court should not just focus on whether the assets have been transferred between the two separate group companies, but also on whether one group company had actual control over the operation of the other group company.

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