''Süzen v Zehnacker Gebäudereinigung GmbH'' (1997) C-13/95 is a
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
labour law
Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship be ...
case concerning
transfers of undertakings, and the
job security
Job security is the probability that an individual will keep their job; a job with a high level of security is such that a person with the job would have a small chance of losing it. Many factors threaten job security: globalization, outsourcing ...
rights of employees.
Facts
Ms Süzen worked for a Zehnacker, a cleaning company in a private school of
Bad Godesberg. Zehnacker lost the cleaning contract. Lefarth won the bid to take it over. Zehnacker let her go, along with 12 others. She stayed working the same as before.
Judgment
The European Court of Justice held that the lack of any contractual link between transferee and transferor ‘is certainly not conclusive’. That is so because the Directive does not require it. The ‘transfer must relate to a stable economic entity whose activity is not limited to performing one specific works contract’ (Case C-48/94 Rygaard
995
Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday of the Julian calendar.
Events
By place
Japan
* 17 May - Fujiwara no Michitaka (imperial regent) dies.
* 3 June: Fujiwara no Michikane gains power and becomes Rege ...
ECR I-2745, paragraph 20) and an entity is ‘an organized grouping of persons and assets facilitating the exercise of an economic activity which pursues a specific objective’.
The ECJ further held that the loss of a customer does not mean that the undertaking will ‘thereby cease fully to exist’.
[(1997) C-13/95, 6/ref> Where an entity can ‘function without any significant intangible or tangible assets, the maintenance of its identity following the transaction affecting it cannot, logically, depend on the transfer of such assets.’
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See also
Notes
References
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{{DEFAULTSORT:Suzen v Zehnacker Gebaeudereingung GmbH
1997 in the European Union
German case law
1997 in Germany
1997 in case law
Court of Justice of the European Union case law
European Union labour case law