CELEX: C2000/355/01
Language: en
Date: 2000-12-09 00:00:00
Title: Judgment of the Court of 26 September 2000 in Case C-175/99 (reference for a preliminary ruling from the Conseil de Prud'hommes de Metz): Didier Mayeur v Association Promotion de l'Information Messine (APIM) (Maintenance of workers' rights in the event of transfer of an undertaking — Transfer to a municipality of an activity previously carried out, in the interests of that municipality, by a legal person established under private law)

9.12.2000               EN                      Official Journal of the European Communities                                               C 355/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       On a proper construction of Article 1(1) of Council Directive
                                                                             77/187/EEC of 14 February 1977 on the approximation of the
                                                                             laws of the Member States relating to the safeguarding of employees’
                      of 26 September 2000                                   rights in the event of transfers of undertakings, businesses or parts of
                                                                             businesses, that directive applies where a municipality, a legal person
                                                                             governed by public law operating within the framework of specific
in Case C-175/99 (reference for a preliminary ruling from
the Conseil de Prud’hommes de Metz): Didier Mayeur v                         rules of administrative law, takes over activities relating to publicity
Association Promotion de l’Information Messine                               and information concerning the services which it offers to the public,
                                                                             where such activities were previously carried out, in the interests of
                             (APIM)(1)
                                                                             that municipality, by a non-profit-making association which was a
                                                                             legal person governed by private law, provided always that the
(Maintenance of workers’ rights in the event of transfer of                  transferred entity retains its identity.
an undertaking — Transfer to a municipality of an activity
previously carried out, in the interests of that municipality,
                                                                             (1) OJ C 204 of 17.7.1999.
        by a legal person established under private law)
                          (2000/C 355/01)
                    (Language of the case: French)
                                                                                               JUDGMENT OF THE COURT
(Provisional translation; the definitive translation will be published                                of 5 October 2000
                   in the European Court Reports)
                                                                             in Joined Cases C-432/98 P and C-433/98 P: Council of the
                                                                                 European Union v Christine Chvatal and Others (1)
In Case C-175/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Conseil de
                                                                             (Appeal — Officials — Termination of service as a result of
Prud’hommes de Metz (Labour Tribunal, Metz), France for a
                                                                             the accession of new Member States — Objection that
preliminary ruling in the proceedings pending before that                    Regulation (EC, Euratom, ECSC) No 2688/95 is unlawful
tribunal between Didier Mayeur and Association Promotion
                                                                                                  — Objection inadmissible)
de l’Information Messine (APIM) — on the interpretation of
Article 1(1) of Council Directive 77/187/EEC of 14 February
1977 on the approximation of the laws of the Member States                                              (2000/C 355/02)
relating to the safeguarding of employees’ rights in the event
of transfers of undertakings, businesses or parts of businesses
(OJ 1977 L 61 p. 26) — the Court, composed of: G.C. Rodrı́-                                       (Language of the case: French)
guez Iglesias, President, J.C. Moitinho de Almeida (Rapporteur),
D.A.O. Edward, L. Sevón and R. Schintgen (Presidents of
Chambers), P.J.G. Kapteyn, C. Gulmann, A. La Pergola,                        (Provisional translation; the definitive translation will be published
J.-P. Puissochet, P. Jann, H. Ragnemalm, M. Wathelet and                                         in the European Court Reports)
V. Skouris, Judges; P. Léger, Advocate General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on                    In Joined Cases C-432/98 P and C-433/98 P: Council of the
26 September 2000, in which it has ruled:                                    European Union (Agents: J.P. Jacqué, D. Canga Fano and