Judgment_paragraph 27 · United States of America v Christine Nolan (C-583/10)

27The Commission considers that, in the area of the protection of the rights of workers, in the interests of a coherent approach, Directive 98/59 and Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ 2001 L 82, p. 16) should be interpreted as having the same scope. Referring to Article 1(1)(c) of Directive 2001/23, the latter repealing Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ 1977 L 61, p. 26), and to the judgment in Case C-108/10 Scattolon [2011] ECR I-7491, paragraphs 56 and 57, the Commission argues that Directives 98/59 and 2001/23 both apply to public undertakings carrying on an economic activity, but that, by contrast, they do not apply to an administrative reorganisation of public administrative authorities, or the transfer of administrative functions between public administrative authorities.

United States of America v Christine Nolan (C-583/10)

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