Legislator Case Law & Legislation
ECLI:NL:RBAMS:2011:BV0387 ECLI:NL:RBAMS:2011:BV0387 AI generated

Employee claims unlawful dismissal due to fitness center transfer; court orders reinstatement and salary.

Case Number ECLI:NL:RBAMS:2011:BV0387
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Articles 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.

Keywords

AI generated
Directive 2001/23/EC transfer of undertaking material employment relationship fitness center transfer reinstatement order successor company liability technical staff duties

Cited Legislation

AI generated
Directive 2001/23/EC
Albron judgment of the Court of Justice of the European Union of 21 October 2010
Botzen judgment of the Court of Justice of the European Union of 7 February 1985
Memedovic judgment of the Supreme Court of the Netherlands of 1 February 2005
artikel 7:662 BW

Cited Case Law

AI generated
Hof Amsterdam 25 October 2011, LJN BU1290
Botzen (HvJ EG 7 February 1985)
Memedovic (Hoge Raad 1 February 2005)
NJ 2010/576
NJ 2011/153
AI generated

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