“ECJ established multi-factor test for identifying business transfers under EU law.”
Spijkers worked for a slaughterhouse that ceased operations. The business was sold to Gebroeders Benedik Abattoir, but they did not take on the workforce. Spijkers claimed his employment should have transferred under the Acquired Rights Directive.
What constitutes a 'transfer of an undertaking' within the meaning of the Acquired Rights Directive 77/187/EEC.
The ECJ held that whether a transfer exists must be assessed by examining all factual circumstances. The case was referred back to national courts to apply these criteria.
This case provides the foundational test for TUPE transfers, still applied by UK courts post-Brexit. The multi-factor approach helps determine when employment protection transfers apply, crucial for corporate reorganisations and outsourcing arrangements.
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OSCOLA Citation
Spijkers v Gebroeders Benedik Abattoir CV [1986] 2 CMLR 296
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