Federatie Nederlandse Vakvereniging and others v Smallsteps BV

European Union – Employment. The Court of Justice of the European Union gave a preliminary ruling in which it decided that a 'pre-pack' procedure such as that at issue in the main proceedings, aimed at the continuation of the activities of the undertaking concerned and conducted by that undertaking's management, did not satisfy all the conditions laid down in art 5(1) of Directive (EC) 2001/23. Accordingly, there could be no derogation from the scheme for the protection of workers laid down in arts 3 and 4 of that directive.

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