Case C-328/13, Österreichischer Gewerkschaftsbund – in the wake of collective agreements

Can the EU’s transfer of undertakings Directive 2001/23 be relied upon to stop workers becoming seriously worse off when a parent-company decides that the terms and conditions of its employees will no longer be governed by the collective agreement that binds the parent-company but by the collective agreement that binds a daughter-company?

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Case C-458/12, Lorenzo Amatori – transfer of undertakings and Telecom Italia

For the purposes of the EU’s transfer of undertakings Directive 2001/23 is there a transfer of a part of an undertaking where, at the time of the transfer, the part which was transferred could hardly have been said to be functionally autonomous; and where, even 8 months after the transfer, that part was making no profit for the transferee and the losses were being borne by the transferor?

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