CELEX: 62017CA0509
Language: en
Date: 2019-05-16 00:00:00
Title: Case C-509/17: Judgment of the Court (Third Chamber) of 16 May 2019 (request for a preliminary ruling from the Arbeidshof te Antwerpen — Belgium) — Christa Plessers v PREFACO NV, Belgische Staat (Reference for a preliminary ruling — Transfers of undertakings — Directive 2001/23/EC — Articles 3 to 5 — Safeguarding of employees’ rights — Exceptions — Insolvency proceedings — Proceedings for judicial restructuring by transfer under judicial supervision — Total or partial safeguard of the undertaking — National legislation authorising the transferee, after the transfer, to choose which employees to keep on)

29.7.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 255/4
            
         
      Judgment of the Court (Third Chamber) of 16 May 2019 (request for a preliminary ruling from the Arbeidshof te Antwerpen — Belgium) — Christa Plessers v PREFACO NV, Belgische Staat
      (Case C-509/17) (1)
      
      (Reference for a preliminary ruling - Transfers of undertakings - Directive 2001/23/EC - Articles 3 to 5 - Safeguarding of employees’ rights - Exceptions - Insolvency proceedings - Proceedings for judicial restructuring by transfer under judicial supervision - Total or partial safeguard of the undertaking - National legislation authorising the transferee, after the transfer, to choose which employees to keep on)
      (2019/C 255/05)
      Language of the case: Dutch
      
         Referring court
      
      Arbeidshof te Antwerpen
      
         Parties to the main proceedings
      
      
         Applicant: Christa Plessers
      
         Defendants: PREFACO NV, Belgische Staat
      
         Operative part of the judgment
      
      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, in particular Articles 3 to 5 thereof, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which, in the event of the transfer of an undertaking which has taken place in the context of proceedings for judicial restructuring by transfer under judicial supervision applied with a view to maintaining all or part of the transferor or its activity, entitles the transferee to choose the employees which it wishes to keep on
      
         (1)  OJ C 374, 6.11.2017.