E1996J0003

ADVISORY OPINION OF THE COURT 14 March 1997 (Council Directive 77/187/EEC - transfer of part of a business) (97/C 136/06)

In Case E-3/96:

REQUEST to the Court pursuant to Article 34 of the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice from the Gulating lagmannsrett (Gulating Court of Appeal) for an advisory opinion in the case pending before it between

Tor Angeir Ask and Others

and

ABB Offshore Technology AS and Aker Offshore Partner AS

on the interpretation of Council Directive 77/187/EEC of 14 February 1977 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 businesses.

On those grounds,

THE COURT,

in answer to the questions referred to it by Gulating lagmannsrett by order of 21 May 1996, hereby gives the following advisory opinion, taking the first and the third questions together:

1. Article 1 (1) of the Act referred to in point 23 of Annex XVIII to the EEA Agreement (Council Directive 77/187/EEC of 14 February 1977 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 businesses) is to be interpreted as meaning that it may cover a situation where a time-limited contract regarding maintenance and modification work on an oil platform expires and the principal concludes a new time-limited contract with another contractor. However, the Article does not apply in a situation in which there is no transfer of significant tangible or intangible assets, including essential equipment, nor the taking over or re-engagement of an essential part of the workforce, in terms of number and expertise, who were especially assigned by the predecessor to the performance of its contract.

2. The fact that a transaction is subject to public procurement Directives does not by itself prevent Council Directive 77/187/EEC from being applicable in a case such as the one at hand.

Bjørn HAUG

Thór VILHJÁLMSSON

Carl BAUDENBACHER

Delivered in open court in Luxembourg on 14 March 1997.

Per CHRISTIANSEN

Registrar

Bjørn HAUG