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Anjum Shabbir
15th September 2020
Employment & Immigration

Dutch Supreme Court’s preliminary ruling questions about exception in EU rules on transfer of undertakings in the context of pre-bankruptcy/insolvency measures published

The Dutch Supreme Court’s questions as referred to the Court of Justice for a preliminary ruling have been published in respect of the case Federatie Nederlandse Vakbeweging v Heiploeg Seafood International BV, Heitrans International BV (C-237/20) concerning Transfer of Undertakings Directive 2001/23 in a bankruptcy/insolvency context.

A series of questions are posed concerning the interpretation of Article 5(1) of that Directive, which sets out that Articles 3 and 4 which provide rules to protect employees’ rights do not apply to transfers of undertakings where the transferor is the subject of bankruptcy or analogous insolvency proceedings for liquidation of assets, and which are supervised by a competent public authority. In thi


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