37It follows that the failure of the new contractor to take over, in terms of numbers and skills, an essential part of the staff which its predecessor employed to perform the same activity is not sufficient to preclude the existence of a transfer of an entity which retains its identity within the meaning of Directive 77/187 in a sector such as catering, where the activity is based essentially on equipment. As the United Kingdom and the Commission rightly point out, any other conclusion would run counter to the principal objective of Directive 77/187, which is to ensure the continuity, even against the wishes of the transferee, of the employment contracts of the employees of the transferor.
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