In Katsikas v Konstantinidis  IRLR 179 ECJ, the European Court of Justice held that an employee has the option of refusing to have his contract of employment transferred under Article 3 of the EEC Business Transfers Directive 77/187. The Court also said that it is for each Member State to decide what should happen to an employee's contract of employment in the event that the employee is unwilling to be transferred.
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