Scattolon v Ministero Dell Istruzione, Dell Universita E Della Ricerca: ECJ 5 Apr 2011

ECJ (Opinion) Social policy – Directive 77/187/EEC – Safeguarding of employees rights in the event of transfers of undertakings – Transfer of staff of a public entity to another public person – Recognition by the legislation of a Member State, such that interpreted by the supreme court of that State, seniority acquired before such transfer as a right to maintain – Adoption of a law retroactively that interpretation aside – Prohibition on Member States to interfere with the adoption of retroactive laws with ongoing legal action – Principle of effective judicial protection – Charter of Fundamental Rights of the European Union – Article 47.

Bot AG
C-108/10, [2011] EUECJ C-108/10, [2012] 1 CMLR 17, [2012] ICR 740, [2011] IRLR 1020, [2012] ECC 634
Directive 77/187/EEC
Cited by:
CitedThe United States of America v Nolan SC 21-Oct-2015
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed.

Updated: 11 November 2021; Ref: scu.431964