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Transfer of undertakings: Probable transfer between wholly owned subsidiaries

This report relates to 1 case(s)

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    Allen and others v Amalgamated Construction Co Ltd [2000] 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.