Asklepios Kliniken Langen-Seligenstadt GmbH & Asklepios Dienstleistungsgesellschaft mbH v Ivan Felja & Vittoria Graf [2015] CJEU C680/15 & C681/15 (AG's Opinion)

Posted In: Case Law
  • Case Reference
    Case C-680/15 and Case C-681/15
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Redundancy, Contracts of Employment, Collective and Trade Union Issues, Transfer of Undertaking (TUPE)
Issues covered: Terms of a collective agreement; Contracts of employment; Transfer of undertakings; TUPE Reg 4(5B)

In Asklepios Kliniken Langen-Seligenstadt GmbH & Asklepios Dienstleistungsgesellschaft mbH v Ivan Felja & Vittoria Graf (Case C-680/15 and Case C-681/15) Advocate General Bot considered once again (following the CJEU's prior decision in Alemo-Herron & others v Parkwood Leisure Ltd (Case C-426/11)) the survival of a collective bargaining clause in employees' employment contract following a transfer of an undertaking.

The Advocate General considered that when a contract of employment concluded between the transferor and the employee contains a clause referring to terms and conditions determined by a collective agreement, but neither the transferor nor the transferee may

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This article is correct at 21/02/2017

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

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