In Spijkers v Gebroeders Benedik Abbatoir CV 24/85 [1986] ECR 1119 ECJ, the European Court of Justice ruled that Article 1(1) of the Acquired Rights Directive must be interpreted to the effect that the expression 'transfer of an undertaking, business or part of a business to another employer' envisages the case in which the business in question retains its identity.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.