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Case C-561/07: Judgment of the Court (Second Chamber) of 11 June 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2001/23/EC — Transfers of undertakings — Safeguarding of employees’ rights — National legislation providing for non-application to transfers of undertakings in critical difficulties )
ECLI:EU:UNKNOWN:62007CA0561
62007CA0561
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Official Journal of the European Union
(Case C-561/07) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Directive 2001/23/EC - Transfers of undertakings - Safeguarding of employees’ rights - National legislation providing for non-application to transfers of undertakings in ‘critical difficulties’)
2009/C 180/15
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: J. Enegren and L. Pignataro, acting as Agents)
Defendant: Italian Republic (represented by: R. Adam, Agent, and by W. Ferrante, avvocato dello Stato)
Re:
Failure of a Member State to fulfil obligations — Infringement of 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) — National legislation providing for the non-application of Articles 3 and 4 of the directive to transfers of undertakings in a ‘situation of crisis’
Operative part of the judgment
The Court:
1.Declares that, by maintaining in force the provisions of Article 47(5) and (6) of Law No 428 of 29 December 1990 where an undertaking is in critical difficulties within the meaning of subparagraph (c) of the fifth paragraph of Article 2 of Law No 675 of 12 August 1977 so that the rights of employees set out in Articles 3 and 4 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 are not safeguarded in the event of the transfer of an undertaking which has been declared to be in critical difficulties, the Italian Republic has failed to fulfil its obligations under that directive.
2.Orders the Italian Republic to pay the costs.
* * *
(<span class="super">1</span>) OJ C 64, 8.3.2008.