CELEX: E2001J0003
Language: en
Date: 2002-03-22 00:00:00
Title: Judgment of the Court of 22 March 2002 in Case E-3/01 (request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court)): Alda Viggósdóttir v Íslandspóstur hf. (Iceland Post Ltd) (Council Directive 77/187/EEC — Transfer of a State administrative entity to a State-owned limited liability company)

Important legal notice

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E2001J0003

Judgment of the Court of 22 March 2002 in Case E-3/01 (request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court)): Alda Viggósdóttir v Íslandspóstur hf. (Iceland Post Ltd) (Council Directive 77/187/EEC — Transfer of a State administrative entity to a State-owned limited liability company)  

Official Journal C 140 , 13/06/2002 P. 0019 - 0019

Judgment of the Courtof 22 March 2002in Case E-3/01 (request for an Advisory Opinion from Héraðsdómur Reykjavíkur (Reykjavík District Court)): Alda Viggósdóttir v Íslandspóstur hf. (Iceland Post Ltd)Council Directive 77/187/EEC - Transfer of a State administrative entity to a State-owned limited liability company(2002/C 140/15)In Case E-3/01: request for the Court under Article 34 of the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice by Héraðsdómur Reykjavíkur (Reykjavík District Court), for an Advisory Opinion in a case pending before it concerning the interpretation of the Agreement on the European Economic Area, with particular reference to 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' rights in the event of transfers of undertakings, businesses or parts of businesses, in particular Articles 1 and 3 thereof, the Court, composed of: Thór Vilhjálmsson, President, Carl Baudenbacher (Judge-Rapporteur) and Per Tresselt, Judges, gave a judgment on 22 March 2002, the operative part of which declares as follows:The conversion of a State entity into a wholly State-owned limited liability company may constitute a transfer within the meaning 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' rights in the event of transfers of undertakings, businesses or parts of businesses. That Directive may apply when an employee, at the time of the transfer, was protected as an employee under national employment law. It is for the national court to assess whether that was the case or whether the employee enjoyed protection from dismissal under public law.An employee cannot waive the rights conferred upon him by the mandatory provisions of Directive 77/187/EEC. The Directive does not, however, preclude an agreement with the new employer to modify the employment relationship to the extent that such modification is permitted by the applicable national law in situations other than those involving the transfer of an undertaking.