ECJ Contra BAG: transfer of operations even without maintaining the organizational independence of the transferred unit ("Klarenberg")
A transfer of operations within the meaning of Directive 2001/23/EC can also be available if the transferred company does not retain its organizational independence from the operator. The ECJ represents this view in its latest judgment on the operating transition guideline. Ra Dirk Helge Laskawy writes about the facts in decisions on commercial law (EWIR) 2009/281f.
