Keywords
Summary

Keywords

1. Social policy Approximation of laws Transfers of undertakings Safeguarding of employees' rights Directive 77/187 Scope Taking over by an undertaking of activities operated by another undertaking following a procedure for the award of a public service contract under Directive 92/50 Included

(Council Directive 77/187, Art. 1(1))

2. Social policy Approximation of laws Transfers of undertakings Safeguarding of employees' rights Directive 77/187 Scope Transfer Definition No direct contractual link between the two undertakings Included Taking over by an undertaking of activities operated by another undertaking with no transfer of significant tangible assets between the two undertakings Excluded

(Council Directive 77/187, Art. 1(1))

Summary

1. The taking over by an undertaking of non-maritime public transport activities such as the operation of scheduled local bus routes previously operated by another undertaking, following a procedure for the award of a public service contract under Directive 92/50 relating to the coordination of procedures for the award of public service contracts, may fall within the material scope of Directive 77/187 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, as set out in Article 1(1) of that directive.

( see para. 25, and operative part 1 )

2. Article 1(1) of Directive 77/187 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 must be interpreted as meaning that that directive may apply where there is no direct contractual link between two undertakings which are successively awarded, following procedures for the award of public service contracts conducted in accordance with Directive 92/50 relating to the coordination of procedures for the award of public service contracts, a non-maritime public transport service such as the operation of scheduled local bus routes by a legal person governed by public law. However, in such a situation, Directive 77/187 does not apply where there is no transfer of significant tangible assets between the two undertakings.

( see para. 44, and operative part 2 )