Judgment_paragraph 32 · Giuseppe d'Urso, Adriana Ventadori and others v Ercole Marelli Elettromeccanica Generale SpA and others (C-362/89)

32On the other hand, it is apparent from the provisions of the Italian Law that when the decree ordering the application of the special administration procedure also authorizes the undertaking to continue trading under the supervision of an auditor, the primary purpose of that procedure is to give the undertaking some stability allowing its future activity to be safeguarded. The social and economic objectives thus pursued cannot explain nor justify the circumstance that, when all or part of the undertaking concerned is transferred, its employees lose the rights which the Directive confers on them under the conditions which it lays down.