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ECJ versus bag: reference clauses - quo vadis? (with checklist)

The BAG has just announced that it wants to change its case law to interpret reference clauses as so -called equality agreements (Griese, AA 06, 95). The "Werhof" decision of the ECJ (9.3.06, C-499/04, call-no. 062960) bursts into the motion. Here the case law of the BAG was provided for the fate of reference clauses in the event of a transfer of operations for review by the Court. The contribution by Ra Dirk Helge Laskawy and Ra Eileen Malek shows the resulting practical consequences based on the ECJ decision. Here you can read it.

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