Legal News

Business transfers: relevance of reason why assets were not transferred ((1) Grafe (2) Pohle v (1) Sudbrandenburger Nahverkehrs (2) OSL Bus)

Published on: 02 March 2020
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

Popular documents