Abler and others v Sodexho MM Catering Gesellschaft mbH and Sanrest Großküchen Betriebsgesellschaft mbH [2004] IRLR 168 ECJ

Reports relating to this case:

  • Case round up

    1 February 2004

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Transfer of undertakings: Failure of new contractor to take over workers in asset-intensive entity cannot preclude transfer

    9 January 2004

    In Abler and others v Sodexho, the ECJ holds that Article 1 of Directive 77/187 (the "Business Transfers Directive") must be interpreted as applying to the situation where a second supplier of catering services, replacing the first, takes over the provision of catering services to a captive market and uses the same premises and equipment used by the first provider, regardless of whether or not the second supplier agrees to take on the employees of the first.