Alemo-Herron and ors v Parkwood Leisure Ltd [2013] CJEU Case C-426/11
Posted In: Case Law-
Case Reference
CJEU Case C-426/11 -
Legal Body
Court of Justice EU (CJEU/ECJ) -
Type of Claim / Jurisdiction
Transfer of Undertaking (TUPE)
The court was asked to give a preliminary ruling concerning the interpretation of Directive 2001/23 Article 3. The dispute in the main proceedings involved a private-sector undertaking, Parkwood, which had taken on staff formerly employed by a local authority.
The employment contracts of those employees provided that the contract would be in accordance with the collective agreements negotiated by the National Joint Council. The issue was whether Parkwood was bound by a new collective agreement which had been reached after the transfer of the undertaking to it.
The question referred was whether Directive 2001/23 Article 3 had to be construed as precluding a Member State from providing, in
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