Employee claims unlawful dismissal due to fitness center transfer; court orders reinstatement and salary.
Legislator summary
AI generatedThe court granted the employee's request for immediate reinstatement and salary following a dispute over the transfer of fitness centers within a corporate group. The employer argued that the employee's role as a technical staff member did not transfer under EU law, citing specific ECJ precedents regarding staff divisions. The court rejected this, finding that the employee's primary duties were performed for the transferred fitness centers, thereby establishing a material employment relationship with the successor entity.
Legislator headnote
AI generatedArticles 3(1) and 7(1) of Directive 2001/23/EC; An employee's rights and obligations transfer to the successor company if the employee's main tasks were performed for the transferred business unit, even if the employee was formally employed by the non-transferred staff division.