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Case C-60/17: Judgment of the Court (Tenth Chamber) of 11 July 2018 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Ángel Somoza Hermo, Ilunión Seguridad SA v Esabe Vigilancia SA, Fondo de Garantía Salarial (FOGASA) (Reference for a preliminary ruling — Directive 2001/23/EC — Article 1(1) — Transfer of an undertaking — Article 3(1) — Safeguarding of employees’ rights — Taking over of employment contracts in accordance with the terms of a collective agreement — Collective agreement excluding the obligation, for the transferor and transferee of the undertaking, to assume joint and several liability in respect of the obligations, including those relating to wages, which arose from employment contracts before that undertaking was transferred)
ECLI:EU:UNKNOWN:62017CA0060
62017CA0060
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10.9.2018
Official Journal of the European Union
C 319/8
(Case C-60/17) (1)
((Reference for a preliminary ruling - Directive 2001/23/EC - Article 1(1) - Transfer of an undertaking - Article 3(1) - Safeguarding of employees’ rights - Taking over of employment contracts in accordance with the terms of a collective agreement - Collective agreement excluding the obligation, for the transferor and transferee of the undertaking, to assume joint and several liability in respect of the obligations, including those relating to wages, which arose from employment contracts before that undertaking was transferred))
(2018/C 319/08)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicants: Ángel Somoza Hermo, Ilunión Seguridad SA
Defendants: Esabe Vigilancia SA, Fondo de Garantía Salarial (FOGASA)
Operative part of the judgment
1.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 applies to a situation in which a contracting entity has terminated the contract for the provision of services relating to the security of buildings concluded with one undertaking and has, for the purposes of the provision of those services, concluded a new contract with another undertaking, which takes on, pursuant to a collective agreement, the majority, in terms of their number and skills, of the staff whom the first undertaking had assigned to the performance of those services, in so far as the operation is accompanied by the transfer of an economic entity between the two undertakings concerned.
2.The Court of Justice of the European Union does not have jurisdiction to answer the second question referred by the Tribunal Superior de Justicia de Galicia (High Court of Justice of Galicia, Spain), by decision of 30 December 2016.
(1) OJ C 121, 18.4.2017.