Noţiunea de transfer de întreprindere în dreptul intern şi în dreptul Uniunii Europene

drd. MARIA VIOLETA DUCA*

* e-mail: violeta1581@yahoo.com

Academia de Studii Economice din Bucureşti

Judecător - Curtea de Apel Bucureşti, Secţia a VII-a pentru cauze privind conflicte de muncă şi asigurări sociale

ABSTRACT

The study aims to analyze the situation in the domestic law of the application of the institution of transfer of undertaking in relation to the exigences of Directive 2001/23/EC as interpreted by the Court of Justice of the European Union. The premise of a correct interpretation and application of this institution is the knowledge of the essential aspects developed in the case law of the Court of Justice of the European Union that analyzes the scope of application ratione materiae of Directive 2001/23/EC, among which are emphasized the distinction made by the Court between labour force-based companies and companies whose activity necessarily involves the exploitation of goods, as well as...