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Transfer of undertakings: No transfer of local government administration

This report relates to 1 case(s)

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    Henke v Gemeinde Schierke and Verwaltungsgemeinschaft “Brocken” [1996] 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" [1996] 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".