Opinion of the Advocate General — ECLI:EU:C:2019:593
Date: 2019-07-11
Language of the case: German
Subject matter: Right of establishment;Freedom to provide services;Social Policy
Procedure: Reference for a preliminary ruling
Origin: Germany

Request for a preliminary ruling from the Arbeitsgericht Cottbus — Kammern Senftenberg (Germany) lodged on 2 May 2018 — Reiner Grafe and Jürgen Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH (Case C-298/18) Language of the case: German Referring court Arbeitsgericht Cottbus — Kammern Senftenberg Parties to the main proceedings Applicants: Reiner Grafe, Jürgen Pohle Defendants: Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH Questions referred Is a transfer of the operation of bus routes from one bus undertaking to another as a consequence of a tendering procedure under Directive 92/50/EEC on public service contracts 1 to be regarded as a transfer of a business within the meaning of Article 1(1) of Directive 77/187/EEC, 2 even if no significant assets, in particular no buses, have been transferred between the two undertakings? Does the assumption that, on the basis of a reasonable commercial decision, buses are no longer of major importance for the value of the business in the case of a temporary award of services owing to their age and more stringent technical requirements (emission values, low-floor vehicles) provide justification for the Court of Justice of the European Union to derogate from its decision of 25 January 2001 (C–172/99) to the effect that, under such circumstances, the taking over of a significant proportion of the staff can also result in Directive 77/187/EEC being applicable? ____________ 1 Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1). 2 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 (OJ 1977 L 61, p. 26).