Request for a preliminary ruling from the Arbetsdomstolen (Sweden) lodged on 6 July 2015 — Unionen v Almega Tjänsteförbunden, ISS Facility Services AB

(Case C-336/15)

(2015/C 311/34)

Language of the case: Swedish

Referring court

Arbetsdomstolen

Parties to the main proceedings

Applicant: Unionen

Defendants: Almega Tjänsteförbunden, ISS Facility Services AB

Question referred

Is it compatible with the Transfer of Undertakings Directive (1), after a year has elapsed following the transfer of an undertaking, on application of a provision in the transferee’s collective agreement which means that, where a certain contiguous length of service with a single employer is a condition for an extended notice period to be granted, not to take account of the length of service with the transferor, when the employees, under an identical provision in the collective agreement which applied to the transferor, had the right to have that length of service taken into account?

(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).