# C_2017424EN.01000502.xml

| 11.12.2017 | EN | Official Journal of the European Union | C 424/5 |
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11.12.2017

EN

Official Journal of the European Union

C 424/5

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Judgment of the Court (Tenth Chamber) of 19 October 2017 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Securitas — Serviços e Tecnologia de Segurança SA v ICTS Portugal — Consultadoria de Aviação Comercial SA, Arthur George Resendes and Others

(Case C-200/16) (1)

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((Reference for a preliminary ruling - Directive 2001/23/EC - Article 1(1) - Transfers of undertakings or businesses - Safeguarding of employees’ rights - Obligation on the transferee to take on workers - Provision of security guard services carried out by an undertaking - Call for tenders - Award of the contract to another undertaking - Employees not taken on - National provision excluding from the ‘concept of a transfer of an undertaking or business’ the loss of a customer by an operator following the award of a service contract to another operator))

(2017/C 424/07)

Language of the case: Portuguese

Referring court

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Parties to the main proceedings

Applicant: Securitas — Serviços e Tecnologia de Segurança SA

Applicant:

Defendants: ICTS Portugal — Consultadoria de Aviação Comercial SA, Arthur George Resendes and Others

Defendants:

Operative part of the judgment

Operative part of the judgment

| 1. | Article 1(1)(a) of 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 businesses must be interpreted as meaning that, where a contracting entity has terminated the contract concluded with one undertaking for the provision of security guard services at its facilities, then concluded a new contract for the supply of those services with another undertaking, which refuses to take on the employees of the first undertaking, that situation falls within the concept of a ‘transfer of an undertaking [or] business’ within the meaning of that provision, when the equipment essential to the performance of those services has been taken over by the second undertaking; |
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1.

Article 1(1)(a) of 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 businesses must be interpreted as meaning that, where a contracting entity has terminated the contract concluded with one undertaking for the provision of security guard services at its facilities, then concluded a new contract for the supply of those services with another undertaking, which refuses to take on the employees of the first undertaking, that situation falls within the concept of a ‘transfer of an undertaking [or] business’ within the meaning of that provision, when the equipment essential to the performance of those services has been taken over by the second undertaking;

| 2. | Article 1(1) of Directive 2001/23 must be interpreted as precluding a provision of national law, such as that at issue in the main proceedings, which provides that the loss of a customer by an operator following the award of a service contract to another operator does not fall within the concept of a ‘transfer of an undertaking [or] business’ within the meaning of Article 1(1). |
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2.

Article 1(1) of Directive 2001/23 must be interpreted as precluding a provision of national law, such as that at issue in the main proceedings, which provides that the loss of a customer by an operator following the award of a service contract to another operator does not fall within the concept of a ‘transfer of an undertaking [or] business’ within the meaning of Article 1(1).

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(1)  OJ C 211, 13.6.2016.

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