Ivana Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca (C-108/10)

Judgment of 6 Sept 2011

law://eu/cjeu/2010/c-108-10/para_58@2026-11-13

58It is important to note in that regard that, if such an interpretation were accepted, any transfer imposed upon such workers could be removed by the public authority concerned from the scope of Directive 77/187 simply by invoking the fact that the transfer forms part of a staff reorganisation. Important categories of workers carrying out economic activities within the meaning of the Court’s case-law would thus risk being deprived of the protection provided for by Directive 77/187. That result would be difficult to reconcile both with the wording of Article 2 of the latter, according to which the transferor and the transferee may be any physical or legal person having the capacity of employer, and with the need, bearing in mind the objective of social protection pursued by the directive, to interpret exceptions to its application strictly (see, in relation to Directive 2001/23, Case C-561/07 Commission v Italy [2009] ECR I-4959, paragraph 30 and case-law cited).

Ivana Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca (C-108/10)

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