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Summary
The absence of a contractual link between a transferor and a transferee has no bearing on the establishment of the existence of a transfer. In a labor intensive undertaking, the fact that a only very limited number of employees is taken over, without them having specific skills and knowledge essential to the services, is not likely to establish the existence of a transfer. Unfortunately, no English translation of the case is available. Other translations are available on https://eur-lex.europa.eu/legal-content/nl/TXT/?uri=CELEX:62021CJ0675.
DOI: 10.5553/EELC/187791072023008001022
European Employment Law Cases |
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Rulings | ECJ 16 February 2023, case C-675/21 (Strong Charon), TransferStrong Charon – Soluções de Segurança SA – v – 2045 – Empresa de Segurança SA, FL, Portuguese case |
Keywords | Insolvency |
DOI | 10.5553/EELC/187791072023008001022 |
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Suggested citation
, "ECJ 16 February 2023, case C-675/21 (Strong Charon), Transfer", European Employment Law Cases, 1, (2023):63-63
, "ECJ 16 February 2023, case C-675/21 (Strong Charon), Transfer", European Employment Law Cases, 1, (2023):63-63
The absence of a contractual link between a transferor and a transferee has no bearing on the establishment of the existence of a transfer. In a labor intensive undertaking, the fact that a only very limited number of employees is taken over, without them having specific skills and knowledge essential to the services, is not likely to establish the existence of a transfer. |