Reiner Grafe and Jürgen Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH [2018]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Transfer Regulations (TUPE), Transfer of Undertaking (TUPE)
Issues covered: Transfer of Undertakings; Continuity of Employment; Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006

In Reiner Grafe Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH Case C‑298/18 ECJ Advocate General Sharpston has departed from the famous case of Oy Liikenne Ab v Pekka Liskojärvi and Pentti Juntunen C-172/99.

SBN held a contract with the local authority commencing on 1 August 2008 to operate the local public bus transport system in the locality. In September 2016 the local authority retendered the contract. SBN did not tender and ceased business. All its employees were given notice of termination of employment.  In January 2017, SBN agreed on a social plan with its works council. This provided that if employees did not receive an offer of re-employment from the new

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This article is correct at 28/08/2019

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Dr John McMullen
Spencer West LLP

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