Ferreira da Silva e Brito and Others [2015] EUECJ C-160/14
Decision Number:
Legal Body: European Court of Justice
Published on: 18/11/2015
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Summary
The Irish statute European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 implement requirements under the EU Directive of 2001. Síobhra analyses the recent case of Ferreira da Silva e Brito and Others [2015] EUECJ C-160/14, where the CJEU considered whether the EU Transfer of Undertakings Directive (2001/23) would apply in a situation involving aircraft companies in Portugal.The case gives further insight into the decisive criteria for the application of TUPE, and how they will be considered by courts/tribunals in Ireland and throughout the EU. In particular, it supplements the already growing body of case law on how the retention of identity will be considered, which is all the better for practitioners.
Background
A decision of the
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Disclaimer
The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
This article is correct at 18/11/2015
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