AG Ćapeta delivers Opinion on State liability resulting from national court’s failure to refer case on ‘transfer of a business’ to the Court of Justice

Advocate General (AG) Ćapeta has delivered today her Opinion in a case concerning the interpretation of the concept of ‘transfer of a business’, under Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights: Ferreira da Silva e Brito and Others (C-293/24).

The main proceedings concern an action for a declaratory judgment in which the appellants, former employees of the airline AIA, are seeking a finding of non-contractual civil liability against the Estado Português (Portuguese State) arising from a judicial error. The appellants claim that the judgment of the Supremo Tribunal de Justiça (Supreme Court, Portugal) of 25 February 2009, given in the context of proce