ECJ rules on meaning of a "transfer of a business" and final courts' obligation to refer questions | Practical Law

ECJ rules on meaning of a "transfer of a business" and final courts' obligation to refer questions | Practical Law

In Ferreira da Silva e Brito and others v Estado portuges (C-160/14) the ECJ considered the meaning of a "transfer of a business" under the Acquired Rights Directive (2001/23/EC) in relation to a situation where a majority shareholder assumed significant functions of a former subsidary which had been wound up. The court also gave guidance on the circumstances in which a national court of final instance is obliged to make a reference to the ECJ.

ECJ rules on meaning of a "transfer of a business" and final courts' obligation to refer questions

Practical Law UK Legal Update Case Report 1-618-7604 (Approx. 7 pages)

ECJ rules on meaning of a "transfer of a business" and final courts' obligation to refer questions

by Practical Law Employment
Published on 17 Sep 2015 • ExpandEngland, European Union, Scotland...Wales
In Ferreira da Silva e Brito and others v Estado portuges (C-160/14) the ECJ considered the meaning of a "transfer of a business" under the Acquired Rights Directive (2001/23/EC) in relation to a situation where a majority shareholder assumed significant functions of a former subsidary which had been wound up. The court also gave guidance on the circumstances in which a national court of final instance is obliged to make a reference to the ECJ.