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Transfers of undertakings and the revival of the Dutch pre-pack (Federatie Nederlandse Vakbeweging v Heiploeg Seafood International BV)

Published on: 18 May 2022
Published by: LexisPSL
  • Transfers of undertakings and the revival of the Dutch pre-pack (Federatie Nederlandse Vakbeweging v Heiploeg Seafood International BV)
  • What are the practical implications of this case?
  • What was the background?
  • Relevant law—pre-packs & the Acquired Rights Directive
  • Dutch pre-packs
  • UK pre-packs
  • Impact of Brexit
  • Background—facts
  • What did the court decide?
  • Question 1: Is the preparation of a transfer prior to the insolvency proceedings in line with the exception as provided for in Article 5 (‘instituted with a view to the liquidation of assets’)?
  • More...

Article summary

Employment analysis: Hannah Swindle, principal associate, and Connie Cliff, PSL principal associate, at Gowling WLG LLP, consider the case of Federatie Nederlandse Vakbeweging v Heiploeg Seafood International BV in which it was held that the transfer of an undertaking prepared within the framework of a pre-pack procedure can potentially fall within the exception in Article 5(1) of Directive 2001/23/EC, the Acquired Rights Directive. or take a trial to read the full analysis.

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