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Joined Cases C-583/21 to C-586/21, NC and Others (Transfer of a Spanish notary’s office): Judgment of the Court (Fourth Chamber) of 16 November 2023 (requests for a preliminary ruling from the Juzgado de lo Social de Madrid — Spain) — NC (C-583/21), JD (C-584/21), TA (C-585/21), FZ (C-586/21) v BA, DA, DV, CG (Reference for a preliminary ruling — Directive 2001/23/EC — Article 1(1) — Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses — Transfer of a notarial practice — Declaration as to the nullity or unfairness of the dismissal of employees — Determination of seniority for the calculation of compensation — Applicability of the directive — Conditions)
ECLI:EU:UNKNOWN:62021CA0583
62021CA0583
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Official Journal of the European Union
Series C
C/2024/510
(Joined Cases C-583/21 to C-586/21, (1) NC and Others (Transfer of a Spanish notary’s office))
(Reference for a preliminary ruling - Directive 2001/23/EC - Article 1(1) - Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses - Transfer of a notarial practice - Declaration as to the nullity or unfairness of the dismissal of employees - Determination of seniority for the calculation of compensation - Applicability of the directive - Conditions)
(C/2024/510)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicants: NC (C-583/21), JD (C-584/21), TA (C-585/21), FZ (C-586/21)
Defendants: BA, DA, DV, CG
Operative part of the judgment
Article 1(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 must be interpreted as meaning that that directive is applicable to a situation in which a notary, who is a public official and the private-sector employer of the employees posted to his or her practice, succeeds the previous holder of such a practice, takes over his or her records and an essential part of the staff who were employed by him or her and continues to carry out the same activity on the same premises with the same material resources, provided that the identity of that practice is retained, which it is for the referring court to determine, taking into consideration all the relevant circumstances.
(1) OJ C 51, 31.1.2022.
ELI: http://data.europa.eu/eli/C/2024/510/oj
ISSN 1977-091X (electronic edition)
END