- Business transfers: relevance of reason why assets were not transferred ((1) Grafe (2) Pohle v (1) Sudbrandenburger Nahverkehrs (2) OSL Bus)
- What are the practical implications of this judgment?
- What is the relevant background?
- Background law
- Background facts
- The decision of the Cottbus Labour Court
- What did the European Court of Justice decide?
- Case details
Employment analysis: When one undertaking takes over the running of a service from another, all of the particular circumstances of the case are relevant to determining whether there has been a transfer of an economic entity that has retained its identity, ie a business transfer, under the Acquired Rights Directive 2001/23/EC. In circumstances where business assets have not been transferred, there may still be a business transfer even if the business is asset-reliant, but that will depend upon the reason why those assets were not transferred, according to the ECJ.
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