Judgment of the Court (Third Chamber) of 18 July 2013 (request for a preliminary ruling from the Supreme Court of the United Kingdom – United Kingdom) – Mark Alemo-Herron and Others v Parkwood Leisure Ltd

(Case C-426/11) 1

(Transfer of undertakings – Directive 2001/23/EC – Safeguarding of employees’ rights – Collective agreement applicable to the transferor and to the employee at the time of the transfer)

Language of the case: English

Referring court

Supreme Court of the United Kingdom

Parties to the main proceedings

Applicants: Mark Alemo-Herron, Sandra Tipping, Christopher Anderson, Stacey Aris, Audrey Beckford, Lee Bennett, Delroy Carby, Vishnu Chetty, Deborah Cimitan, Victoria Clifton, Claudette Cummings, David Curtis, Stephen Flin, Patience Ijelekhai, Rosemarie Lee, Roxanne Lee, Vivian Ling, Michelle Nicholas, Lansdail Nugent, Anne O’Connor, Shirley Page, Alan Peel, Mathew Pennington, Laura Steward

Defendant: Parkwood Leisure Ltd

Re:

Request for a preliminary ruling – Supreme Court of the United Kingdom – Alemo-Herron and Others v Parkwood Leisure Ltd – Interpretation of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings businesses (OJ 2001 L 82, p. 16) in the light of the judgment of the Court of Justice of 12 March 2001 in Case C-499/04 Werhof v Freeway Traffic Systems – Extent of the transferee's obligations to comply with conditions relating to salaries under a collective agreement applicable to the transferor and the employee at the time of the transfer

Operative part of the judgment

Article 3 of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, must be interpreted as precluding a Member State from providing, in the event of a transfer of an undertaking, that dynamic clauses referring to collective agreements negotiated and adopted after the date of transfer are enforceable against the transferee, where that transferee does not have the possibility of participating in the negotiation process of such collective agreements concluded after the date of the transfer.

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1 OJ C 311, 22.10.2011.