Abstract
The legal opinion analyses to what extent a possible transfer of an institute from one university to another will imply a transfer of business in the sense of directive 2001/23/EC, as well as the Danish law implementing this directive. It will be decisive whether the transferred employees are mainly occupied with administrative og with economic activities. If the former is the case, the transfer will be excempt from the directive and the Danish act. If the latter is the case, the transfer will be included in the main rule of the directive, provided a transfer of an economic entity that has maintained its identy takes place, cf. the case law of the ECJ.
| Translated title of the contribution | Legal opinion whether a possible transfer of an institute from one university to another implies a transfer of business |
|---|---|
| Original language | Danish |
| Publication date | 2008 |
| Number of pages | 4 |
| Publication status | Published - 2008 |
Keywords
- transfer of an institute
- transfer of business
- directive 2001/23/EC
- administrative activities, tgransfer of business
- economic activities, tgransfer of business
- Annette Henke v. Gemeinde Schierke, ECJ case law
- economic entity that has maintained its identity