Administrador de Infraestructuras Ferroviarias (ADIF) v Luis Aira Pascual [2015]

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

In Administrador de Infraestructuras Ferroviarias (ADIF) v Luis Aira Pascual [2015] EUECJ C- 509/14, the European Court has considered the application of the business transfer rules under the Acquired Rights Directive to a case where a public authority which had outsourced the management of transport units at Bilbao terminal in Spain to a contractor and then took the service back in house.

ADIF is a public undertaking responsible for the service of handling intermodal transport units (shipping containers) at Bilbao terminal. The service is provided to Renfe Operadora. ADIF outsourced the management of that service to Algeposa. Algeposa provided that service in ADIF's own facilities, using

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This article is correct at 26/01/2016

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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

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