A transfer of undertaking carried out after the transferor’s bankruptcy may exempt the transferee from the obligation to maintain the employees’ rights provided for in Directive 2001/23, even where that transfer corresponds to the performance of an agreement concluded before the bankruptcy, ruled the Court of Justice of the European Union (CJEU) in a judgment delivered on Thursday 3 April (Case C-431/23).
In 2020, Wibra België, which was in serious difficulty, initiated judicial...