Request for a preliminary ruling from the Arbeidshof Antwerpen (Belgium) lodged on 21 August 2017 — Christa Plessers v Prefaco NV, Belgische Staat

(Case C-509/17)

(2017/C 374/27)

Language of the case: Dutch

Referring court

Arbeidshof Antwerpen

Parties to the main proceedings

Applicant: Christa Plessers

Defendants: Prefaco NV, Belgische Staat

Question referred

Is the right of option for the transferee under Article 61(4) (now Article 61(3)) of the Belgian Law of 31 January 2009 on the continuity of undertakings, as part of Chapter 4 of Title 4 of that law under which the ‘judicial reorganisation by transfer under judicial supervision’ is regulated, in so far as that ‘judicial reorganisation by transfer under judicial supervision’ is applied with a view to maintaining all or part of the transferor or its activities, consistent with Council Directive 2001/23/EC (1) 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, in particular with Articles 3 and 5 of that directive?

(1)  Council Directive 2001/23/EC of 12 March 2001 (OJ 2001 L 82, p. 16).