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

• 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)

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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