Transfer of undertakings: No transfer of local government administration
This report relates to 1 case(s)
Henke v Gemeinde Schierke and Verwaltungsgemeinschaft “Brocken”  IRLR 701 ECJ (0 other reports)
The EC Business Transfers Directive does not apply to the transfer of administrative functions from several local/municipal authorities to a specially created body which then carries out those functions, rules the European Court of Justice in Henke v Gemeinde Schierke and Verwaltungsgemeinschaft "Brocken"  IRLR 701. It follows that the reorganisation of public administration or the transfer of administrative functions between public administrative authorities does not constitute a transfer of an undertaking, insofar as the transfer relates "only to activities involving the exercise of public authority".