Ferreira da Silva e Brito & others v Estado Português (Case C-160/14)Posted In: Case Law
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionTransfer of Undertaking (TUPE)
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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