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Case C-691/20: Order of the Court (Ninth Chamber) of 22 October 2021 (request for a preliminary ruling from the Tribunal Judicial da Comarca do Porto Este — Penafiel — Juízo Trabalho — Portugal) — B v O, P, OP, G, N (Reference for a preliminary ruling — EU law — Principles — Article 18 TFEU — Equal treatment — Discrimination on grounds of nationality — Prohibition — Article 49 TFEU — Freedom of establishment — Joint and several liability of companies which form part of a group for debts resulting from an employment contract entered into by one of those companies — Exclusion by the legislation of the Member State concerned of companies that have their seat in another Member State)

ECLI:EU:UNKNOWN:62020CB0691

62020CB0691

October 22, 2021
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7.2.2022

Official Journal of the European Union

C 64/3

(Case C-691/20) (*)

(Reference for a preliminary ruling - EU law - Principles - Article 18 TFEU - Equal treatment - Discrimination on grounds of nationality - Prohibition - Article 49 TFEU - Freedom of establishment - Joint and several liability of companies which form part of a group for debts resulting from an employment contract entered into by one of those companies - Exclusion by the legislation of the Member State concerned of companies that have their seat in another Member State)

(2022/C 64/04)

Language of the case: Portuguese

Referring court

Parties to the main proceedings

Applicant: B

Defendants: O, P, OP, G, N

Operative part of the order

The principle of non-discrimination, implemented by Article 49 TFEU, must be interpreted as not precluding national legislation under which a company, established in a Member State other than that in which the company which it controls is established, cannot be held jointly and severally liable for that latter company’s debts resulting from an employment contract.

(*)

Language of the case: Portuguese

* * *

(1) OJ C 110, 29.3.2021.

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