Case C-216/25, GSP Offshore: Judgment of the Court (Tenth Chamber) of 11 June 2026 (request for a preliminary ruling from the Curtea de Apel Constanţa – Romania) – ZN v GSP Offshore SRL (Reference for a preliminary ruling – Social policy – Transfers of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 3(1) – Transfer to the transferee of the obligations arising from a contract of employment existing on the date of the transfer of the undertaking – Option for Member States to provide for the joint and several liability of the transferor and the transferee – Article 8 – Application of national provisions more favourable to employees – Transfer of the obligation to pay salary entitlements not paid by the transferor – Possibility of applying a national provision making the transfer of an obligation subject to the creditor’s consent)
Date: 2026-06-11
Institutions: Court of Justice
Subjects: claim, debt, remuneration of work, transfer of businesses, work contract








C_202603974EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2026/3974


3.8.2026






Judgment of the Court (Tenth Chamber) of 11 June 2026 (request for a preliminary ruling from the Curtea de Apel Constanţa – Romania) – ZN v GSP Offshore SRL


(Case C-216/25,
                (1)
GSP Offshore)

(Reference for a preliminary ruling - Social policy - Transfers of undertakings - Safeguarding of employees’ rights - Directive 2001/23/EC - Article 3(1) - Transfer to the transferee of the obligations arising from a contract of employment existing on the date of the transfer of the undertaking - Option for Member States to provide for the joint and several liability of the transferor and the transferee - Article 8 - Application of national provisions more favourable to employees - Transfer of the obligation to pay salary entitlements not paid by the transferor - Possibility of applying a national provision making the transfer of an obligation subject to the creditor’s consent)
(C/2026/3974)
Language of the case: Romanian

Referring court

Curtea de Apel Constanţa

Parties to the main proceedings


Applicant: ZN

Defendant: GSP Offshore SRL

Operative part of the judgment







1.


Article 3(1) of Council Directive 2001/23/EC of 12 March 2001 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
must be interpreted as precluding the application, in the context of a transfer of an undertaking within the meaning of that directive, and as regards the payment of salary entitlements not paid by the transferor, of a national provision which makes the transfer of an obligation between two debtors subject to the creditor’s consent, with the result that the transfer to the transferee of the transferor’s obligations relating to the payment of those salary entitlements would be subject to the consent of the employee concerned, irrespective of whether that national provision is of a general or a special nature.










2.


Article 8 of Directive 2001/23
must be interpreted as precluding the application, in the context of a transfer of an undertaking within the meaning of that directive, and as regards the payment of salary entitlements not paid by the transferor, of a national provision which makes the transfer of an obligation between two debtors subject to the creditor’s consent, with the result that the transfer to the transferee of the transferor’s obligations relating to the payment of those salary entitlements would be subject to the consent of the employee concerned.






(1)  OJ C, C/2025/3496.


ELI: http://data.europa.eu/eli/C/2026/3974/oj
ISSN 1977-091X (electronic edition)