CELEX: 62018CA0344
Language: en
Date: 2020-03-26 00:00:00
Title: Case C-344/18: Judgment of the Court (Fourth Chamber) of 26 March 2020 (request for a preliminary ruling from the arbeidshof te Gent — Belgium) — ISS Facility Services NV v Sonia Govaerts, Atalian NV, formerly Euroclean NV (Reference for a preliminary ruling — Directive 2001/23/EC — Article 3(1) — Transfers of undertakings — Safeguarding of employees’ rights — Public contract for cleaning services — Award of market lots to two new contractors — Re-engagement of a worker assigned to all the market lots)

29.6.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 215/7
            
         
      Judgment of the Court (Fourth Chamber) of 26 March 2020 (request for a preliminary ruling from the arbeidshof te Gent — Belgium) — ISS Facility Services NV v Sonia Govaerts, Atalian NV, formerly Euroclean NV
      (Case C-344/18) (1)
      
      (Reference for a preliminary ruling - Directive 2001/23/EC - Article 3(1) - Transfers of undertakings - Safeguarding of employees’ rights - Public contract for cleaning services - Award of market lots to two new contractors - Re-engagement of a worker assigned to all the market lots)
      (2020/C 215/08)
      Language of the case: Dutch
      
         Referring court
      
      Arbeidshof te Gent
      
         Parties to the main proceedings
      
      
         Applicant: ISS Facility Services NV
      
         Defendants: Sonia Govaerts, Atalian NV, formerly Euroclean NV
      
         Operative part of the judgment
      
      Where there is a transfer of undertaking involving a number of transferees, 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 meaning that the rights and obligations arising from a contract of employment are transferred to each of the transferees, in proportion to the tasks performed by the worker concerned, provided that the division of the contract of employment as a result of the transfer is possible and neither causes a worsening of working conditions nor adversely affects the safeguarding of the rights of workers guaranteed by that directive, which it is for the referring court to determine. If such a division were to be impossible to carry out or would adversely affect the rights of that worker, the transferee(s) would be regarded as being responsible for any consequent termination of the employment relationship, under Article 4 of that directive, even if that termination were to be initiated by the worker.
      
         (1)  OJ C 294, 20.8.2018.