Judgment of the Court (Third Chamber) of 3 April 2025 (request for a preliminary ruling from the tribunal du travail de Liège – Belgium) – AE and Others v BA, acting as insolvency practitioner for WIBRA BELGIË SA and Others

(Case C-431/23,  (1) Wibra België)

(Reference for a preliminary ruling - Social policy - Transfers of undertakings - Safeguarding of employees’ rights - Directive 2001/23/EC - Article 5(1) - Concept of ‘bankruptcy proceedings’ - Transfer of an undertaking occurring following a declaration of insolvency after that transfer had been prepared in the context of judicial restructuring proceedings)

(C/2025/3016)

Language of the case: French

Referring court

Tribunal du travail de Liège

Parties to the main proceedings

Applicants: AE, CO, DU and Others

Defendants: BA, acting as insolvency practitioner for WIBRA BELGIË SA, EP, acting as insolvency practitioner for WIBRA BELGIË SA, RI, acting as insolvency practitioner for WIBRA BELGIË SA, WIBRA BELGIË SRL

Intersted parties: VT, HL, MO and Others

Operative part of the judgment

Article 5(1) of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses

must be interpreted as applying in a situation where insolvency proceedings follow judicial restructuring proceedings in the course of which an agreement for the partial transfer of the undertaking concerned was prepared, but was not approved by the court having jurisdiction, and was then implemented once the insolvency had been declared, provided that the bankruptcy proceedings or analogous insolvency proceedings, which have been conducted, are actually instituted with a view to the liquidation of the assets of the transferor, that those proceedings are under the supervision of a competent public authority and that recourse to those proceedings cannot be regarded as abusive.

(1)  OJ C C/2023/203.