Article 47 - Right to an effective remedy and to a fair trial
Key facts of the case:
Reference for a preliminary ruling — Directive 2001/23/EC — Scope — Article 1(1) — Transfers of undertakings — Safeguarding of employees’ rights –Service contract for the management of a municipal Academy of Music — Cessation of the activity of the first contractor before the end of the current school year and designation of a new contractor at the beginning of the following school year — Article 4(1) — Prohibition of dismissal by reason of transfer — Exception — Dismissal for economic, technical or organisational reasons entailing changes in the workforce — Charter of Fundamental Rights of the European Union — Article 47
Outcome of the case:
On those grounds, the Court (Fifth Chamber) hereby rules: