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Title: Celtec Case C-478/03
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Date: 27/01/2005
Note:

Application 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. (Transfers of undertakings – Privatisation – Date of the transfer – Employees' rights – Transferor's rights and obligations arising from an employment contract existing on the date of the transfer) From the judgement: 28. The objective of that provision is to enable the employees’ representatives to react to the structural change entailed by the transfer. Where it is agreed that the transfer will be implemented in stages, information about the transfer, if it is to serve a purpose, will be provided to the staff representatives before the first stage of the transfer. If those representatives are to be in a position to react to the projected transfer, the information provided will include an outline of the various stages envisaged. (26) Reference is made to Kuhne & Nagel, Bofrost: See, by analogy with the obligation to consult laid down by Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (OJ 1994 L 254, p. 64), Case C 440/00 Kühne & Nagel [2004] ECR I 0000 and Case C 62/99 Bofrost* [2001] ECR I-2579.

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Related information

- Celtec Case summary: Case C-478/03