Transfer of undertakings: Directive applied to transfer of assets of company in voluntary liquidation
This report relates to 1 case(s)
Europièces SA (in liquidation) v Sanders: C-399/96  All ER (EC) 831 ECJ (0 other reports)
The EC Business Transfers Directive applies where a company in voluntary liquidation transfers all or part of its assets to another company from which the worker then takes his or her orders, which the company in liquidation states are to be carried out, rules the European Court of Justice in Europièces SA (in liquidation) v Sanders and another 12.11.98 Case C-399/96. Both the purpose and form of the liquidation or insolvency procedure in question must be considered, and in particular whether the undertaking transferred continues to trade.