Opinion of the Advocate General — ECLI:EU:C:2000:313
Date: 2000-06-13
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 
Social policy — Approximation of laws — Transfers of undertakings — Safeguarding of 
employees' rights — Directive 77/187 — Scope — Transfer — Concept — Resumption 
by a legal person governed by public law of activities previously performed, in the latter's 
interest, by a legal person established under private law — Whether included — 
Conditions 
(Council Directive 77/187, Art. 1(1)) 
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SUMMARY — CASE C-175/99 
On a proper construction of 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, busi­
nesses or parts of businesses, that directive 
applies where a municipality, a legal person 
governed by public law operating within 
the framework of specific rules of admin­
istrative law, takes over activities relating 
to publicity and information concerning the 
services which it offers to the public, where 
such activities were previously carried out, 
in the interests of that municipality, by a 
non-profit-making association which was a 
legal person governed by private law, 
provided always that the transferred entity 
retains its identity. In this regard, the mere 
fact that the activity engaged in by the old 
and the new employer is similar does not 
justify the conclusion that an economic 
entity has been transferred. An entity 
cannot be reduced to the activity entrusted 
to it. Its identity also emerges from other 
factors, such as its workforce, its manage­
rial staff, the way in which its work is 
organised, its operating methods or indeed, 
where appropriate, the operational 
resources available to it. 
(see paras 49 and 57 and operative part) 
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