Alemo-Herron and Others v Parkwood Leisure Ltd CJEU C-426/11
The CJEU has ruled that Article 3 of Directive 2001/23 must be interpreted as precluding a Member State from providing, in the event of a transfer of an undertaking, that dynamic clauses referring to collective agreements negotiated and adopted after the date of transfer are enforceable against the transferee, where that transferee does not have the possibility of participating in the negotiation process of such collective agreements concluded after the date of the transfer.
Published: 22/07/2013 11:52
