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Joined Cases C-680/15 and C-681/15: Judgment of the Court (Third Chamber) of 27 April 2017 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Asklepios Kliniken Langen-Seligenstadt GmbH v Ivan Felja (C 680/15), Asklepios Dienstleistungsgesellschaft mbH v Vittoria Graf (C 681/15) (References for a preliminary ruling — Transfer of undertakings — Safeguarding of employees’ rights — Directive 2001/23/EC — Article 3 — Contract of employment — Legislation of a Member State authorising the incorporation of clauses referring to collective labour agreements after the date of the transfer — Effects with regard to the transferee)
ECLI:EU:UNKNOWN:62015CA0680
62015CA0680
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Valentina R., lawyer
26.6.2017
Official Journal of the European Union
C 202/6
(Joined Cases C-680/15 and C-681/15) (<span class="super note-tag">1</span>)
((References for a preliminary ruling - Transfer of undertakings - Safeguarding of employees’ rights - Directive 2001/23/EC - Article 3 - Contract of employment - Legislation of a Member State authorising the incorporation of clauses referring to collective labour agreements after the date of the transfer - Effects with regard to the transferee))
(2017/C 202/08)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Asklepios Kliniken Langen-Seligenstadt GmbH (C-680/15), Asklepios Dienstleistungsgesellschaft mbH (C-681/15)
Defendants: Ivan Felja (C 680/15), Vittoria Graf (C-681/15)
Operative part of the judgment
Article 3 of Council Directive 2001/23/EC 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 and Article 16 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that, in the case of a transfer of a business, the continued observance of the rights and obligations of the transferor arising from a contract of employment, extends to the clause which the transferor and the worker agreed pursuant to the principle of freedom of contract, pursuant to which their employment relationship is governed not only by the collective agreement in force on the date of the transfer, but also by agreements subsequent to the transfer and which supplement it, amend it or replace it, if the national law provides for the possibility for the transferee to make adjustments both consensually and unilaterally.
* Language of the case: German.
(<span class="super">1</span>) OJ C 118, 4.4.2016.