Transfer of undertakings: Probable transfer between wholly owned subsidiaries
This report relates to 1 case(s)
Allen and others v Amalgamated Construction Co Ltd  IRLR 119 ECJ (0 other reports)
The EC Business Transfers Directive applies in principle to a transfer between two companies within a corporate group which have the same ownership, management and premises, and which are engaged in the same work, the European Court of Justice rules in Allen and others v Amalgamated Construction Co Ltd 2.12.99 case C-234/98. There may, says the Court, be a transfer of an undertaking between two such companies when one subcontracts to the other tunnel-driving work in coal mines, provided that the transaction involves the transfer of an identifiable economic entity.