TO AS ' COLARIS ' ) AT UBACH OVER WORMS ( THE NETHERLANDS ), A COMPANY WHOSE BUSINESS CONSISTED IN THE OPERATION OF A SLAUGHTER-HOUSE . THE HOGE RAAD ALSO FOUND THAT ON 27 DECEMBER 1982 , BY WHICH DATE THE BUSINESS ACTIVITIES OF COLARIS ' HAD ENTIRELY CEASED AND THERE WAS NO LONGER ANY GOODWILL IN THE BUSINESS ' , THE ENTIRE SLAUGHTER-HOUSE , WITH VARIOUS ROOMS AND OFFICES , THE LAND AND CERTAIN SPECIFIED GOODS , WERE PURCHASED BY BENEDIK ABATTOIR . ' SINCE THAT DATE , ALTHOUGH IN FACT ONLY SINCE 7 FEBRUARY 1983 ' , BENEDIK ABATTOIR HAS OPERATED A SLAUGHTER-HOUSE FOR THE JOINT ACCOUNT OF ALFRED BENEDIK AND ITSELF . ALL THE EMPLOYEES OF COLARIS WERE TAKEN OVER BY BENEDIK ABATTOIR , APART FROM MR SPIJKERS AND ONE OTHER EMPLOYEE . THE HOGE RAAD ALSO STATES THAT THE BUSINESS ACTIVITY WHICH BENEDIK ABATTOIR CARRIES ON IN THE BUILDINGS IS OF THE SAME KIND AS THE ACTIVITY PREVIOUSLY CARRIED ON BY COLARIS AND THAT THE TRANSFER OF THE BUSINESS ASSETS ENABLED BENEDIK ABATTOIR TO CONTINUE THE ACTIVITIES OF COLARIS , ALTHOUGH BENEDIK ABATTOIR DID NOT TAKE OVER COLARIS ' S CUSTOMERS .
4 BY A JUDGMENT OF THE RECHTBANK ( DISTRICT COURT ), MAASTRICHT , OF 3 MARCH 1983 , COLARIS WAS DECLARED INSOLVENT . BY A WRIT OF 9 MARCH 1983 MR SPIJKERS SUMMONED BENEDIK ABATTOIR AND ALFRED BENEDIK TO APPEAR IN PROCEEDINGS FOR INTERIM RELIEF BEFORE THE PRESIDENT OF THE RECHTBANK , MAASTRICHT , AND SOUGHT AN ORDER THAT THEY SHOULD PAY HIM HIS SALARY FROM 27 DECEMBER 1982 , OR AT LEAST FROM SUCH DATE AS THE PRESIDENT THOUGHT FIT , AND SHOULD PROVIDE HIM WITH WORK WITHIN TWO DAYS OF THE ORDER . IN SUPPORT OF HIS CLAIMS HE CONTENDED THAT THERE HAD BEEN A TRANSFER OF AN UNDERTAKING WITHIN THE MEANING OF THE NETHERLANDS LEGISLATION ENACTED IN ORDER TO IMPLEMENT DIRECTIVE NO 77/187 AND THAT THIS ENTAILED , BY OPERATION OF LAW , A TRANSFER TO BENEDIK ABATTOIR OF THE RIGHTS AND OBLIGATIONS ARISING FROM HIS CONTRACT OF EMPLOYMENT WITH COLARIS .
5 THE APPLICATION FOR INTERIM RELIEF WAS DISMISSED BY THE PRESIDENT OF THE RECHTBANK , MAASTRICHT , WHOSE DECISION WAS CONFIRMED ON APPEAL BY THE GERECHTSHOF ( REGIONAL COURT OF APPEAL ), ' S-HERTOGENBOSCH . MR SPIJKERS THEN APPEALED IN CASSATION TO THE HOGE RAAD DER NEDERLANDEN , WHICH STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE :
' ( 1 ) IS THERE A TRANSFER WITHIN THE MEANING OF ARTICLE 1 ( 1 ) OF COUNCIL DIRECTIVE NO 77/187 WHERE BUILDINGS AND STOCK ARE TAKEN OVER AND THE TRANSFEREE IS THEREBY ENABLED TO CONTINUE THE BUSINESS ACTIVITIES OF THE TRANSFEROR AND DOES IN FACT SUBSEQUENTLY CARRY ON BUSINESS ACTIVITIES OF THE SAME KIND IN THE BUILDINGS IN QUESTION?
( 2)DOES THE FACT THAT AT THE TIME WHEN THE BUILDINGS AND STOCK WERE SOLD THE BUSINESS ACTIVITIES OF THE VENDOR HAD ENTIRELY CEASED AND