Judgment of the Court (Fifth Chamber) of 5 March 2015 (request for a preliminary ruling from the Tribunal do Trabalho de Leiria — Portugal) — Modelo Continente Hipermercados SA v Autoridade para as Condições de Trabalho — Centro Local do Lis (ACT)

(Case C-343/13) (1)

((Reference for a preliminary ruling - Rules on mergers of public limited liability companies - Directive 78/855/EEC - Merger by acquisition - Article 19 - Effects - Transfer of all the assets and liabilities of the company being acquired to the acquiring company - Infringement by the company being acquired prior to its acquisition - Administrative decision confirming infringement post-acquisition - National law - Transfer of the acquired company’s liability for administrative offences - Lawfulness))

(2015/C 138/06)

Language of the case: Portuguese

Referring court

Tribunal do Trabalho de Leiria

Parties to the main proceedings

Applicant: Modelo Continente Hipermercados SA

Defendant: Autoridade para as Condições de Trabalho — Centro Local do Lis (ACT)

Operative part of the judgment

Article 19(1) of Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies, as amended by Directive 2009/109/EC of the European Parliament and of the Council of 16 September 2009, must be interpreted as meaning that a ‘merger by acquisition’ in Article 3(1) of the directive results in the transfer to the acquiring company of the obligation to pay a fine imposed by final decision adopted after the merger by acquisition for infringements of employment law committed by the acquired company prior to that merger.

(1)  OJ C 260, 7.9.2013.