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Law continuity of undertakings (allowing transferee to choose employees it wishes to keep on) violates TUPE

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The Law on the continuity of undertakings (LCU) sets out the rules on judicial reorganisation by transfer under judicial supervision (with a view to maintaining all or part of the transferor or its activities and avoiding bankruptcy). The LCU allows the transferee to choose the employees it wishes to keep on. In its decision of 16 May 2019, the Court of Justice of the European Union says that the LCU entitling the transferee to choose the employees which it wishes to keep on, violates Council Directive 2001/23/EC of 12 March 2001 on TUPE. Link to decision: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62017CJ0509&from=NL
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