Recent Referrals To The European Court On Transfer Of Undertakings

In Jadran Dodi? v BANKA KOPER, ALTA INVEST (Case C-194/18), a case from Slovenia, the Court is being asked whether the transfer of financial instruments and other client assets and records of financial dealings between stock exchange intermediaries was a transfer of an undertaking in circumstances where the decision to join the new stock exchange intermediary would be a matter for the client itself. And in these circumstances is the number of clients who chose to use the new stock exchange intermediary relevant? Finally was any continued association by the former stock exchange intermediary as a dependent of financial promotion company relevant?

In Unión Insular de CC.OO. de Lanzarote v Swissport Spain Aviation Services Lanzarote, S.L. (Case C-167/18), a case from Spain, the Court is being asked to rule on whether a service provision change concerning a labour intensive cleaning contract amounts to a transfer of an undertaking...