Opinion of the Advocate General — ECLI:EU:C:2019:50
Date: 2019-01-23
Language of the case: Dutch
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Belgium

Request for a preliminary ruling from the Arbeidshof Antwerpen (Belgium) lodged on 21 August 2017 — Christa Plessers v Prefaco NV, Belgische Staat (Case C-509/17) Language of the case: Dutch Referring court Arbeidshof Antwerpen Parties to the main proceedings Applicant: Christa Plessers Defendants: Prefaco NV, Belgische Staat Question referred Is the right of option for the transferee under Article 61(4) (now Article 61(3)) of the Belgian Law of 31 January 2009 on the continuity of undertakings, as part of Chapter 4 of Title 4 of that law under which the ‘judicial reorganisation by transfer under judicial supervision’ is regulated, in so far as that ‘judicial reorganisation by transfer under judicial supervision’ is applied with a view to maintaining all or part of the transferor or its activities, consistent with Council Directive 2001/23/EC 1 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 undertakings or businesses, in particular with Articles 3 and 5 of that directive? ____________ 1 Council Directive 2001/23/EC of 12 March 2001 (OJ 2001 L 82, p. 16).