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Case C-343/13: Judgment of the Court (Fifth Chamber) of 5 March 2015 (request for a preliminary ruling from the Tribunal do Trabalho de Leiria — Portugal) — Modelo Continente Hipermercados SA v Autoridade para as Condições de Trabalho — Centro Local do Lis (ACT) (Reference for a preliminary ruling — Rules on mergers of public limited liability companies — Directive 78/855/EEC — Merger by acquisition — Article 19 — Effects — Transfer of all the assets and liabilities of the company being acquired to the acquiring company — Infringement by the company being acquired prior to its acquisition — Administrative decision confirming infringement post-acquisition — National law — Transfer of the acquired company’s liability for administrative offences — Lawfulness)
ECLI:EU:UNKNOWN:62013CA0343
62013CA0343
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27.4.2015
Official Journal of the European Union
C 138/6
(Case C-343/13)(1)
((Reference for a preliminary ruling - Rules on mergers of public limited liability companies - Directive 78/855/EEC - Merger by acquisition - Article 19 - Effects - Transfer of all the assets and liabilities of the company being acquired to the acquiring company - Infringement by the company being acquired prior to its acquisition - Administrative decision confirming infringement post-acquisition - National law - Transfer of the acquired company’s liability for administrative offences - Lawfulness))
(2015/C 138/06)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Modelo Continente Hipermercados SA
Defendant: Autoridade para as Condições de Trabalho — Centro Local do Lis (ACT)
Operative part of the judgment
Article 19(1) of Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies, as amended by Directive 2009/109/EC of the European Parliament and of the Council of 16 September 2009, must be interpreted as meaning that a ‘merger by acquisition’ in Article 3(1) of the directive results in the transfer to the acquiring company of the obligation to pay a fine imposed by final decision adopted after the merger by acquisition for infringements of employment law committed by the acquired company prior to that merger.
(1) OJ C 260, 7.9.2013.