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Case C-463/09: Judgment of the Court (Third Chamber) of 20 January 2011 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Castilla La Mancha (Spain)) — CLECE SA v María Socorro Martín Valor, Ayuntamiento de Cobisa (Social policy — Directive 2001/23/EC — Transfers of undertakings — Safeguarding of employees’ rights — Concept of ‘transfer’ — Cleaning — Cleaning carried out directly by a municipal authority with recruitment of new staff)
ECLI:EU:UNKNOWN:62009CA0463
62009CA0463
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12.3.2011
Official Journal of the European Union
C 80/4
(Case C-463/09)(1)
(Social policy - Directive 2001/23/EC - Transfers of undertakings - Safeguarding of employees’ rights - Concept of ‘transfer’ - Cleaning - Cleaning carried out directly by a municipal authority with recruitment of new staff)
2011/C 80/06
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: CLECE SA
Defendants: María Socorro Martín Valor, Ayuntamiento de Cobisa
Re:
Reference for a preliminary ruling — Tribunal Superior de Justicia de Castilla La Mancha — Interpretation of Art. 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 (OJ 2001 L 82, p. 16) — Scope — Municipal authority, acting as a public authority, taking over the cleaning of a public building
Operative part of the judgment
Article 1(1)(a) and (b) 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 the directive does not apply to a situation in which a municipal authority which has contracted out the cleaning of its premises to a private company decides to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring new staff for that purpose.
(1)
OJ C 63, 13.3.2010.
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Language of the case: Spanish
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