Celtec Ltd v Astley and others [2005] IRLR 647 ECJ
Reports relating to this case:
-
TUPE case law update
- Date:
- 2 February 2007
This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.
-
Transfer of undertakings: Transfers occur on objectively identified specific dates
- Date:
- 15 July 2005
In Celtec Ltd v Astley and others, the ECJ holds that Article 3(1) of the Business Transfers Directive (77/187/EC) must be interpreted as meaning that the "date of a transfer" is the date on which the employer's responsibility for carrying on the business of the unit transferred moves from the transferor to the transferee. That date is a particular point in time, which cannot be postponed to another date at the will of the transferor or transferee.