29.1.2018

EN

Official Journal of the European Union

C 32/17

(Case C-664/17)

(2018/C 032/24)

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicant: Ellinika Nafpigeia AE

Respondents: Panagiotis Anagnostopoulos and Οthers

Questions referred

1.On the true meaning of Article 1 of Directive 98/50/EC (1) and in order to establish whether or not there is a transfer of an undertaking, business or part of an undertaking or business, is ‘economic entity’ to be understood as a completely self-sufficient production unit which is capable of operating to attain its economic object without in any way seeking (purchasing, borrowing, leasing and so forth) factors of production (raw materials, manpower, machinery, components of the finished product, support services, financial resources and so forth) from third parties? Or, on the contrary, does it suffice, in order to qualify as an ‘economic entity’, that the subject matter of the activity is distinct, that that subject matter is in fact able to constitute the object of an economic endeavour and that it is feasible to effectively organise the factors of production (raw materials, machinery and other equipment, manpower and support services) to attain the object in question, irrespective of whether or not the new operator of the activity also seeks outside factors of production, or fails to attain the object in a particular instance?

2.On the true meaning of Article 1 of Directive 98/50/EC, is the existence of a transfer precluded where the transferor or transferee or both of them have in view not only the successful continuance of the activity under the new operator, but also its future cessation for the purpose of winding up the undertaking in question?

Council Directive 98/50/EC of 29 June 1998 amending Directive 77/187/EEC 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 (OJ 1998 L 201, p. 88).