Opinion of the Advocate General — ECLI:EU:C:2001:693
Date: 2001-12-13
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment 
1. Social policy — Approximation of laws — Transfers of undertakings — Safeguard­
ing of employees' rights — Directive 77/187 — Exceptions — Supplementary com­
pany or inter-company pension schemes — Old-age benefits — Definition — Early 
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SUMMARY — CASE C-164/00 
retirement benefits and benefits intended to enhance the conditions of such 
retirement — Exclusion 
(Council Directive 77/187, Art. 3(1), (2) and (3)) 
2. Social policy — Approximation of laws — Transfers of undertakings — Safeguard­
ing of employees' rights — Directive 77/187 — Transfer of obligations applicable in 
the event of the dismissal of an employee — Conditions and limitations — 
Obligations deriving from or implemented by statutory instruments — Not relevant 
(Council Directive 77/187, Art. 3) 
1. Early retirement benefits and benefits 
intended to enhance the conditions of 
such retirement, paid in the event of 
dismissal to employees who have 
reached a certain age, are not old-age, 
invalidity or survivors' benefits under 
supplementary company or inter-com­
pany pension schemes within the mean­
ing of Article 3(3) of Directive 77/187 
on the approximation of the laws of the 
Member States relating to the safe­
guarding of employees' rights in the 
event of transfers of undertakings, 
businesses or parts of businesses. 
Given the general objective of safe­
guarding the rights of employees in the 
event of transfers of undertakings pur­
sued by Directive 77/187 when it pro­
vides, in Article 3(1) and (2), for 
transfer to the transferee of the trans­
feror's rights and obligations arising 
from a contract of employment, from 
an employment relationship or collec­
tive agreement, the exception to that 
rule provided for by Article 3(3) must 
be interpreted strictly. That exception 
can therefore apply only to the benefits 
listed exhaustively in that provision 
and they must be construed in a narrow 
sense. 
(see paras 29-30, 32, 
operative part 1) 
2. On a proper construction of Article 3 
of Directive 77/187 on the approxi­
mation 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, the obligations 
applicable in the event of the dismissal 
of an employee, arising from a contract 
of employment, an employment rela-
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BECKMANN 
tionship or a collective agreement 
binding the transferor as regards that 
employee, are transferred to the trans­
feree subject to the conditions and 
limitations laid down by that article, 
regardless of the fact that those obli­
gations derive from statutory instru­
ments or are implemented by such 
instruments and regardless of the prac­
tical arrangements adopted for such 
implementation. 
(see para. 40, operative part 2) 
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