TUPE

Jeffrey Jupp's TUPE resource

Cross Border Transfers

Study on the Application of Directive 2001/23/EC to Cross-Border Transfers of Undertakings

In 2006 the European Commission commissioned a Report on Cross Border Transfers from CMS “Study on the Application of Directive  2001/23/EC to Cross-Border Transfers of Undertakings”.  This Report looks at the application of the Acquired Rights Directive in different jurisdictions across the EU including Austria, Belgium, France, Germany Hungary, Italy, Netherlands, Spain and the UK.   It was cited in Hollis v GMB.   

 

2 Comments

  1. Good morning Jeffrey, I must congratulate you on a clear and very helpful website. I like the copy of the regs with the 2014 amendments included although I do have to remember that it is TULRCA that is actually changed more.
    By way of an error, the link to “Study on the Application of Directive 2001/23/EC to Cross-Border Transfers of Undertakings” on the Cross Border page is missing.
    I was lokking for the case where the ET (I think it was that level) said that TUOPE applied even though the employee was only working on that client for 15% of time, but that was their biggest client by time and therefore assigned. I looked at you list of cases but this doesn’t say what the cases cover – maybe a usuful addition to the site? Ayway, do you recall the name of the case I am looking for?
    Kind regards

    • Dear Philip

      many thanks for your feedback. There was link in the cross border page which was working. However, perhaps it was not readily identifiable. I have now altered this so you simply click on the heading “Study on the Application of Directive 2001/23/EC to Cross-Border Transfers of Undertakings” to access the report.

      You will also see on the front page a list of cases by subject. In there you will see a link to cases involving service provision changes which may assist your search. I am not sure which case it is that you had in mind but most (although not all) of the recent service provision change cases are on there.

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