CELEX: C1998/397/24
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 12 November 1998 in Case C-399/96 (reference for a preliminary ruling from the Cour du Travail de Bruxelles): Europièces SA, in liquidation, v. Wilfried Sanders, Automotive Industries Holding Company SA (Social policy - Harmonisation of laws - Transfers of undertakings - Safeguarding of workers' rights - Directive 77/187/EEC - Scope - Transfer of an undertaking in voluntary liquidation)

19.12.98             EN                   Official Journal of the European Communities                                    C 397/15
European Union (Agent: Antonio Tanca) Ð application                  1. Article 1(1) of Council Directive 77/187/EEC of
for the annulment of Council Regulation (EC) No 1522/                     14 February 1977 on the approximation of the laws
96 of 24 July 1996 opening and providing for the                          of the Member States relating to the safeguarding of
administration of certain tariff quotas for imports of rice               employees' rights in the event of transfers of
and broken rice (OJ L 190, 31.7.1996, p. 1), in particular                undertakings, businesses or parts of businesses is to be
Articles 3, 4 and 9 thereof Ð the Court (Sixth Chamber),                  interpreted as meaning that the directive applies where
composed of: P. J. G. Kapteyn, President of the Chamber,                  a company in voluntary liquidation transfers all or
J. L. Murray (Rapporteur), H. Ragnemalm, R. Schintgen                     part of its assets to another company from which the
and K. M. Ioannou, Judges; J. Mischo, Advocate-General;                   worker then takes his orders which the company in
R. Grass, Registrar, has given a judgment on 12 November                  liquidation states are to be carried out.
1998, in which it:
                                                                     2. Article 3(1) of Directive 77/187/EEC does not
1. Dismisses the application;                                             preclude a worker employed by the transferor at the
                                                                          date of the transfer of an undertaking from objecting
                                                                          to the transfer of his contract of employment or
2. Orders the Italian Republic to pay the costs.                          employment relationship to the transferee, provided he
                                                                          decides to do so of his own accord. It is for the
                                                                          national court to determine whether the contract of
(1) OJ C 388, 21.12.1996.
                                                                          employment proposed by the transferee involves a
                                                                          substantial change in working conditions to the
                                                                          detriment of the worker. If it does, Article 4(2) of the
                                                                          directive requires Member States to provide that the
                                                                          employer is to be considered responsible for the
                                                                          termination.
              JUDGMENT OF THE COURT
                                                                     (1) OJ C 40, 8.2.1997.
                      (Second Chamber)
                    of 12 November 1998
in Case C-399/96 (reference for a preliminary ruling from
the Cour du Travail de Bruxelles): EuropieÁces SA, in
liquidation, v. Wilfried Sanders, Automotive Industries
                  Holding Company SA (1)                                            JUDGMENT OF THE COURT
(Social policy Ð Harmonisation of laws Ð Transfers of                                        (Sixth Chamber)
undertakings Ð Safeguarding of workers' rights Ð
Directive 77/187/EEC Ð Scope Ð Transfer of an                                             of 12 November 1998
            undertaking in voluntary liquidation)                    in Case C-415/96: Kingdom of Spain v. Commission of
                        (98/C 397/24)                                                 the European Communities (1)
                                                                     (State aid for undertakings in the textile sector Ð
                                                                     Consequences of an annulling judgment for acts
               (Language of the case: French)                                       preparatory to the act annulled)
                                                                                              (98/C 397/25)
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)                                    (Language of the case: Spanish)
In Case C-399/96: reference to the Court under Article 177
of the EC Treaty from the Cour du Travail de Bruxelles                 (Provisional translation; the definitive translation will be
for a preliminary ruling in the proceedings pending before                     published in the European Court Reports)
that court between EuropieÁces SA, in liquidation, and
Wilfried Sanders, Automotive Industries Holding
Company SA Ð on the interpretation of Council Directive              In Case C-415/96: Kingdom of Spain (Agent: Luis PeÂrez
77/187/EEC of 14 February 1977 on the approximation of               de Ayala Becerril) v. Commission of the European
the laws of the Member States relating to the safeguarding           Communities (Agents: Francisco Santaolalla and Ramón
of employees' rights in the event of transfers of                    Vidal Puig) Ð application for annulment of Commission
undertakings, businesses or parts of businesses (OJ L 61,            Decision 97/242/EC of 18 September 1996 amending
5.3.1977, p. 26) Ð the Court (Second Chamber),                       Decision 92/317/EEC on State aid in favour of Hilaturas y
composed of: G. Hirsch, President of the Chamber, G. F.              Tejidos Andaluces SA, now called MediterraÂneo TeÂcnica
Mancini (Rapporteur) and R. Schintgen, Judges; G.                    Textil SA, and its buyer (OJ L 96, 11.4.1997, p. 30) Ð
Cosmas, Advocate-General; R. Grass, Registrar, has given             the Court (Sixth Chamber), composed of: G. Hirsch
a judgment on 12 November 1998, in which it has ruled:               (Rapporteur), J. L. Murray, H. Ragnemalm and K. M.