Homepage >  Catalog >  Law - European and International Law, Intellectual Properties

A critical evaluation of the jurisprudence of the Court of Justice of the European Union (“CJEU”) that has interpreted the provisions of the Acquired Rights Directive. Is the case law emerging from the CJEU deficient, and why?


Essay, 2018

22 Pages, Grade: A


Excerpt


Table of Contents

1. Introduction

2. Scope of application – The concept of the transfer of an undertaking
2.1 Economic activity in contrast to the exercise of public authority:
An unclear demarcation
2.2 Legal transfer: Resurrection of a contractual link?
2.3 Economic entity retaining its identity: An open door to avoid the
application of the Directive

3. Safeguarding of employees’ rights
3.1 Contractual variation
3.2 Opting-out of a transfer: A sting in the tail
3.3 Collective agreements

4. Dismissal: Clever transferors dismiss before the transfer, or not?

5. Conclusion

Bibliography

Excerpt out of 22 pages

Details

Title
A critical evaluation of the jurisprudence of the Court of Justice of the European Union (“CJEU”) that has interpreted the provisions of the Acquired Rights Directive. Is the case law emerging from the CJEU deficient, and why?
College
University of Edinburgh  (Edinburgh Law School)
Course
European Labour Law
Grade
A
Author
Year
2018
Pages
22
Catalog Number
V480685
ISBN (eBook)
9783668964129
ISBN (Book)
9783668964136
Language
English
Notes
Semester Abschluss Essay des Kurses European Labour Law im Rahmen des Master of Laws (LL.M.) Studiums im Schwerpunkt Corporate Law an der University of Edinburgh 2018/2019. Note A (mit Auszeichnung). Essay in the European Labour Law course as part of the Master of Laws (LL.M.) program in Corporate Law at the University of Edinburgh 2018/2019. Grade A (Distinction).
Keywords
Court of Justice of the European Union, CJEU, Acquired Rights Directive, 77/187/EC, 98/50/EC, 2001/23/EC, employee rights, case law, transferee, employment contract, employment relationship, dismiss, merger, economic entity, economic activity, legal transfer, Scattolon, Henke, Sánchez Hidalgo, Collino, Mayeur, public authority, Ny Mølle Kro, Daddy’s Dance Hall, leasing arrangements, contracting out, Watson Rask, Schmidt, contracting back in, Hernández Vidal, subcontracting, Allen, Temco, privatisation, Beckmann, Martin, Celtec, Merckx, contractual link, identity, Spijkers, going concern, similar activities, transfer of undertaking, Rygaard, Süzen, asset, asset-reliant, Oy Liikenne, CLECE, Abler, derogation, variation, Delahaye, opting-out, Katsikas, collective agreement, Werhof, Alemo-Herron, dynamic clauses, ÖGB, ETOR, Bork, Dethier
Quote paper
Ass. Jur. Thomas Böhm (Author), 2018, A critical evaluation of the jurisprudence of the Court of Justice of the European Union (“CJEU”) that has interpreted the provisions of the Acquired Rights Directive. Is the case law emerging from the CJEU deficient, and why?, Munich, GRIN Verlag, https://www.grin.com/document/480685

Comments

  • No comments yet.
Look inside the ebook
Title: A critical evaluation of the jurisprudence of the Court of Justice of the European Union (“CJEU”) that has interpreted the provisions of the Acquired Rights Directive. Is the case law emerging from the CJEU deficient, and why?


Similar texts


Upload papers

Your term paper / thesis:

- Publication as eBook and book
- High royalties for the sales
- Completely free - with ISBN
- It only takes five minutes
- Every paper finds readers

Publish now - it's free