29It is clear from the settled case-law that the scope of that provision cannot be determined solely on the basis of a textual interpretation. On account of the differences between the language versions of that directive and the divergences between the laws of the Member States with regard to the concept of legal transfer, the Court has given that concept a sufficiently flexible interpretation in keeping with the objective of that directive, which is, as stated in recital 3 of the preamble, to safeguard employees in the event of a transfer of their undertaking (see, to that effect, Case C-458/05 Jouini and Others [2007] ECR I-7301, paragraph 24 and case-law cited).
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