LIST OF CASES / Spijkers v Gebroeders Benedik Abbatoir CV 1986

[1986] CMLR 296 and [1986] ECR 1119 ( ECJ Case 24/85 on 18th March 1986)

NOTES

Spijkers Gebroeders v Benedik Abbatoir CV and Alfred Benedik en Zonen BV, ECJ Case 24/85 on 18th March 1986 (1986) CMLR 296 and (1986) ECR 1119

The full text of the judgment in this case is available free of charge on the BAILII website

Authority for the proposition that:-

the fundamental question to consider in deciding whether a transfer of a business or undertaking has taken place within the meaning of the Acquired Rights Directive (77/187/EEC) is "whether the business in question retains its identity".

For relevant general notes see Transfer of business or undertaking/what is an ''undertaking''?

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prepared Apr99;