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Francisca Sánchez Hidalgo e a. v. Asociación de Servicios Aser e Sociedad Cooperativa Minerva, e Horst Ziemann v. Ziemann Sicherheit GmbH e Horst Bohn Sicherheitsdienst, Cases C-173/96 - C-247/96, CJEU, 10 December 1998.

Date
10/12/1998
Type Judgment
Case number C-173/96, C-247/96

Abstract

Maintenance of workers' rights following business transfers.

Normative references

Council Directive 77/187 / EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses.

Ruling

Art. 1 of Directive 77/187 must be interpreted as applying to a situation in which a public body, which had licensed its own home assistance service for disabled people or awarded the contract for the surveillance of certain premises to a first company decides, upon expiry or following withdrawal from the contract that bound it, to grant this service in concession or assign this contract to another company, provided that the operation is accompanied by the transfer of an economic entity between two businesses. The notion of economic entity refers to an organized complex of people and elements that allow the exercise of an economic activity aimed at pursuing a specific objective.