C-60/17Ángel Somoza Hermo and Ilunión Seguridad SA v Esabe Vigilancia SA and Fondo de Garantia Salarial (Fogasa)

Domstolens egne nøkkelord

Reference for a preliminary ruling — Directive 2001/23/EC — Article 1(1) — Transfer of an undertaking — Article 3(1) — Safeguarding of employees’ rights — Taking over of employment contracts in accordance with the terms of a collective agreement — Collective agreement excluding the obligation, for the transferor and transferee of the undertaking, to assume joint and several liability in respect of the obligations, including those relating to wages, which arose from employment contracts before that undertaking was transferred.

Tolker