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Document 62025CN0216

Case C-216/25, GSP Offshore: Request for a preliminary ruling from the Curtea de Apel Constanța (Romania) lodged on 19 March 2025 – ZN v GSP Offshore SRL

OJ C, C/2025/3496, 7.7.2025, ELI: http://data.europa.eu/eli/C/2025/3496/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

ELI: http://data.europa.eu/eli/C/2025/3496/oj

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Official Journal
of the European Union

EN

C series

C/2025/3496

7.7.2025

Request for a preliminary ruling from the Curtea de Apel Constanța (Romania) lodged on 19 March 2025 – ZN v GSP Offshore SRL

(Case C-216/25, GSP Offshore)

(C/2025/3496)

Language of the case: Romanian

Referring court

Curtea de Apel Constanța

Parties to the main proceedings

Applicant and appellant: ZN

Defendant and respondent: GSP Offshore SRL

Questions referred

1.

Is Article 3(1) of Directive 2001/23/EC (1) to be interpreted as:

(a)

precluding the application of a general provision of national law which makes the transfer of an obligation between two debtors subject to the creditor’s consent, in the case of a transfer governed by that directive, concerning the transferor’s obligations arising from a contract of employment or an employment relationship existing on the date of the transfer, which are transferred to the transferee?

(b)

meaning that the exception provided for in the second subparagraph of that paragraph can be regarded as having been established by a general provision of national law adopted after the law transposing the directive – a general provision making the transfer of an obligation between two debtors subject to the creditor’s consent – or must that exception be established through a special legislative provision?

2.

If Questions 1(a) and 1(b) are answered in the negative, can Article 8 of Directive 2001/23/EC be interpreted as permitting States (including courts) to apply a general provision which makes the transfer, from the transferor to the transferee, of obligations relating to remuneration arising before the transfer subject to the creditor employee’s consent, as a more favourable provision than the first subparagraph of Article 3(1) of Directive 2001/23/EC, as transposed by a specific national law?

(1)  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 (OJ 2001 L 82, p. 16).

ELI: http://data.europa.eu/eli/C/2025/3496/oj

ISSN 1977-091X (electronic edition)

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