CELEX: C2005/182/35
Language: en
Date: 2005-07-23 00:00:00
Title: Order of the Court (Fourth Chamber) of 26 May 2005 in Case C-297/03: Reference for a preliminary ruling from the Oberster Gerichtshof in Sozialhilfeverband Rohrbach v Arbeiterkammer Oberösterreich, Österreichischer Gewerkschaftsbund (Article 104(3) of the Rules of Procedure — Directive 2001/23/EC — Transfers of Undertakings — Possibility of relying on a directive against individuals — Employee opposition to the transfer of their contracts to the transferee)

23.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 182/19
            
         
      ORDER OF THE COURT
   
   (Fourth Chamber)
   of 26 May 2005
   in Case C-297/03: Reference for a preliminary ruling from the Oberster Gerichtshof in Sozialhilfeverband Rohrbach v Arbeiterkammer Oberösterreich, Österreichischer Gewerkschaftsbund (1)
   
   (Article 104(3) of the Rules of Procedure - Directive 2001/23/EC - Transfers of Undertakings - Possibility of relying on a directive against individuals - Employee opposition to the transfer of their contracts to the transferee)
   (2005/C 182/35)
   Language of the case: German
   In Case C-297/03: reference for a preliminary ruling under Article 234 EC from the Oberster Gerichtshof (Supreme Court) (Austria), made by decision of 4 June 2003, received at the Court on 10 July 2003, in the proceedings between Sozialhilfeverband Rohrbach and Arbeiterkammer Oberösterreich, Österreichischer Gewerkschaftsbund — the Court (Fourth Chamber), composed of K. Lenaerts, President of the Chamber, N. Colneric (Rapporteur) and J. N. Cunha Rodrigues, Judges; P. Léger, Advocate General; R. Grass, Registrar, made an order on 26 May 2005, the operative part of which is as follows:
   
               1.
            
            
               A limited company governed by private law, the only shareholder of which is a social assistance association governed by public law, belongs to those entities subject to Article 3(1) and the first sentence of Article 1(1)(c) 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.
            
         
               2.
            
            
               A state entity which transfers its operations cannot rely on Articles 3(1) and 1(1)(c) of Directive 2001/23 against its employees in order to force them to continue their employment relationships with a transferee.
            
         
      (1)  OJ C 226 of 20.9.2003.