In Jadran Dodi? v BANKA KOPER, ALTA INVEST (Case C-194/18), a case from Slovenia, the Court is being asked whether the transfer of financial instruments and other client assets and records of financial dealings between stock exchange intermediaries was a transfer of an undertaking in circumstances where the decision to join the new stock exchange intermediary would be a matter for the client itself. And in these circumstances is the number of clients who chose to use the new stock exchange intermediary relevant? Finally was any continued association by the former stock exchange intermediary as a dependent of financial promotion company relevant?
In Unión Insular de CC.OO. de Lanzarote v Swissport Spain Aviation Services Lanzarote, S.L. (Case C-167/18), a case from Spain, the Court is being asked to rule on whether a service provision change concerning a labour intensive cleaning contract amounts to a transfer of an undertaking when it took place under the terms of a collective agreement on employment in the cleaning sector in Spain. As it was pursuant to the terms of a collective agreement and therefore not a voluntary transfer, did that make a difference? Furthermore was the collective agreement applicable to the cleaning of buildings and premises in the Province of Las Palmas (which provides that when employees are taken over under the collective agreement they do not retain the rights which they acquired with the transferor undertaking) compatible with the Acquired Rights Directive?
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
