18.12.2010

Official Journal of the European Union

C 346/15

(Case C-242/09) (<span class="super">1</span>)

(Social policy - Transfers of undertakings - Directive 2001/23/EC - Safeguarding of employees’ rights - Group of companies in which staff employed by an ‘employer’ company and assigned on a permanent basis to an ‘operating’ company - Transfer of an operating company)

2010/C 346/25

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Albron Catering BV

Defendant: FNV Bondgenoten, John Roest

Re:

Reference for a preliminary ruling — Gerechtshof te Amsterdam — Interpretation of Article 3(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) — Company with all the personnel of a group of companies which makes it available to operating companies of the group according to their needs — Transfer of the activity of an operating company outside the group — Classification

Operative part of the judgment

In the event of a transfer within the meaning 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, of an undertaking belonging to a group to an undertaking outside that group, it is also possible to regard as a ‘transferor’, within the meaning of Article 2(1)(a) of that directive, the group company to which the employees were assigned on a permanent basis without however being linked to the latter by a contract of employment, even though there exists within that group an undertaking with which the employees concerned were linked by such a contract of employment.

*

Language of the case: Dutch.