Ferreira da Silva e Brito & others v Estado Português (Case C-160/14)

Posted In: Case Law
  • Case Reference
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: Licence to Operate

In Ferreira da Silva e Brito & others v Estado Português (Case C-160/14) the European Court considered the winding up of Air Atlantis and the taking over of its activities by its major shareholder TAP.  TAP disputed that there was a transfer of an undertaking.  But TAP took over the routes previously served by Air Atlantis and used significant assets, including four aeroplanes.  TAP also assumed responsibility for the payment of charges under the leasing contracts relating to those aircraft and took over the office equipment which belonged to Air Atlantis and which had been used at Air Atlantis' premises in Lisbon and Faro.  TAP also took on a number of former Air

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This article is correct at 27/10/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Dr John McMullen
Wrigleys Solicitors LLP

The main content of this article was provided by Dr John McMullen. Contact telephone number is 0113 244 6100 or email john.mcmullen@wrigleys.co.uk

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