CELEX: 62009CB0386
Language: en
Date: 2010-09-15 00:00:00
Title: Case C-386/09: Order of the Court (Seventh Chamber) of 15 September 2010 (reference for a preliminary ruling from the Cour du travail de Bruxelles (Belgium)) — Jhonny Briot v Randstad Interim, Sodexho SA, Council of the European Union (Article 104(3), second subparagraph, of the Rules of Procedure — Directive 2001/23/EC — Transfer of undertakings — Safeguarding of employees’ rights — Non-renewal of a fixed-term contract of employment of a temporary worker)

18.12.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 346/22
            
         Order of the Court (Seventh Chamber) of 15 September 2010 (reference for a preliminary ruling from the Cour du travail de Bruxelles (Belgium)) — Jhonny Briot v Randstad Interim, Sodexho SA, Council of the European Union
   (Case C-386/09) (1)
   
   (Article 104(3), second subparagraph, of the Rules of Procedure - Directive 2001/23/EC - Transfer of undertakings - Safeguarding of employees’ rights - Non-renewal of a fixed-term contract of employment of a temporary worker)
   2010/C 346/36
   Language of the case: French
   
      Referring court
   
   Cour du travail de Bruxelles
   
      Parties to the main proceedings
   
   
      Applicant: Jhonny Briot
   
      Defendants: Randstad Interim, Sodexho SA, Council of the European Union
   
      Re:
   
   Reference for a preliminary ruling — Cour du travail de Bruxelles — Interpretation of Articles 1(1), 2(1)(a) and (2)(c), 3(1) and 4(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) — Non-renewal of a fixed-term employment contract of a temporary agency worker on account of transfer of an undertaking — Possibility of treating a temporary employment agency or, failing that, a Community institution using the services of temporary agency workers like an ‘employer-transferor’ — Possible exclusion of temporary agency workers from the safeguards afforded by the Directive — Obligation or option on the part of the transferee of maintaining the employment relationship
   
      Operative part of the order
   
   In circumstances such as those of the main proceedings, where the fixed-term employment contract of a temporary worker has ended, due to expiry of the agreed term, on a date prior to that of the transfer of the activity to which he was assigned, the non-renewal of this contract because of that transfer does not disregard the prohibition set out in Article 4(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. Thus, that temporary worker must not be regarded as still being available to the user company on the date of the transfer.
   
      (1)  OJ C 312, 19.12.2009.