The amendment of the Acquired Rights Directive

Stephen Hardy

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

Following the agreement at the Brussels Summit amongst the EU Member States to amend the Acquired Rights Directive (ARD) the EU Commission in September 1994 presented its proposals to amend the existing Directive. This chapter seeks to assess the effects of the final amended Directive, as well as the views of the EU Member States governments towards a revised Directive and the impact which the amended ARD will have on the public sector. Up until now the Directive has been silent on the position as regards business transfers caused by insolvency, but the European Court of Justice (ECJ) has twice ruled that the ARD does not apply to transfers in the context of liquidation proceedings. The amended Directive is much clearer, especially as regards the definition of a transfer but it will still leave questions as to what constitutes an 'organised grouping of resources' in both capital and labour intensive industries for the national courts.
Original languageEnglish
Title of host publicationThe Transfer of Undertakings in the Public Sector
EditorsColin Bourn
Place of PublicationLondon
PublisherTaylor and Francis
Chapter10
Pages251-270
Number of pages20
Edition1
ISBN (Electronic)9781315204635
ISBN (Print)9781138700543
Publication statusPublished - 4 May 2018

ASJC Scopus subject areas

  • Social Sciences(all)

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