Analysis: “The Court of Justice’s Ruling in Grafe and Pohle on ‘Transfer of an Undertaking’” by Daniela Krömer
The Court rendered its judgment in Grafe and Pohle (C-298/18) yesterday on the transfer of scheduled public bus transport, refining and further developing its judgment Liikenne (C-172/99).
The local authority issued a new call for tenders operating its bus services. SBN, the company that had previously operated the bus services, did not participate in the tender. Instead, SBN ceased its business operations and gave notice of termination of employment to all its employees. The contract was awarded to the OSL Bus company. OSL recruited many of SBN’s bus drivers and some of its management staff but did not take over any of SBN’s tangible assets – such as buses, depots, workshops and operating facilities.
Mr Grafe, a former SBN