CELEX: 62009CA0242
Language: en
Date: 2010-10-21 00:00:00
Title: Case C-242/09: Judgment of the Court (Third Chamber) of 21 October 2010 (reference for a preliminary ruling from the Gerechtshof te Amsterdam (Netherlands)) — Albron Catering BV v FNV Bondgenoten, John Roest (Social policy — Transfers of undertakings — Directive 2001/23/EC — Safeguarding of employees’ rights — Group of companies in which staff employed by an employer company and assigned on a permanent basis to an operating company — Transfer of an operating company)

18.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 346/15
            
         Judgment of the Court (Third Chamber) of 21 October 2010 (reference for a preliminary ruling from the Gerechtshof te Amsterdam (Netherlands)) — Albron Catering BV v FNV Bondgenoten, John Roest
   (Case C-242/09) (1)
   
   (Social policy - Transfers of undertakings - Directive 2001/23/EC - Safeguarding of employees’ rights - Group of companies in which staff employed by an ‘employer’ company and assigned on a permanent basis to an ‘operating’ company - Transfer of an operating company)
   2010/C 346/25
   Language of the case: Dutch
   
      Referring court
   
   Gerechtshof te Amsterdam
   
      Parties to the main proceedings
   
   
      Applicant: Albron Catering BV
   
      Defendant: FNV Bondgenoten, John Roest
   
      Re:
   
   Reference for a preliminary ruling — Gerechtshof te Amsterdam — Interpretation of 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 (OJ 2001 L 82, p. 16) — Company with all the personnel of a group of companies which makes it available to operating companies of the group according to their needs — Transfer of the activity of an operating company outside the group — Classification
   
      Operative part of the judgment
   
   In the event of a transfer within the meaning 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, of an undertaking belonging to a group to an undertaking outside that group, it is also possible to regard as a ‘transferor’, within the meaning of Article 2(1)(a) of that directive, the group company to which the employees were assigned on a permanent basis without however being linked to the latter by a contract of employment, even though there exists within that group an undertaking with which the employees concerned were linked by such a contract of employment.
   
      (1)  OJ C 220, 12.9.2009, p. 21.