Opinion of the Advocate General — ECLI:EU:C:2007:182
Date: 2007-03-22
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws;Social Policy
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment Social policy – Approximation of laws – Transfers of undertakings – Safeguarding of employees’ rights – Directive 2001/23 (Council Directive 2001/23, Art. 1(1)) In order to fall within Directive 2001/23 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, the taking over of employees must relate to a stable economic entity whose activity is not limited to performing one specific works contract. In the case of a temporary employment business, in the absence of an identifiable organisational structure, an analysis should take account of its special characteristics rather than aim to establish whether an economic entity exists at the level of its organisational structure. Article 1(1) of Directive 2001/23 must therefore be interpreted as applying to a situation where part of the administrative personnel and part of the temporary workers are transferred to another temporary employment business in order to carry out the same activities in that business for the same clients and – which is a matter for the referring court to establish – the assets affected by the transfer are sufficient in themselves to allow the services characterising the economic activity in question to be provided without recourse to other significant assets or to other parts of the business. (see paras 31, 34, 38, operative part)