On Thursday 22 June, the European Court of Justice decided that (C-126/16) the protection of workers stipulated in directive 2001/23/EC on the transfer of undertakings could be maintained during a “pre-pack”.
The operation of a pre-pack aims to prepare the transfer of undertakings immediately after the bankruptcy of the company in question in order to enable a swift relaunch of the undertaking’s viable units.
The Central Court of the Netherlands asked the Court of Justice to interpret...