30According to settled case-law, in order to determine whether there is a ‘transfer’ of the undertaking within the meaning of Article 1(1) of Directive 2001/23, the decisive criterion is whether the entity in question keeps its identity after being taken over by the new employer (Case C-108/10 Scattolon [2011] ECR I-7491, paragraph 60 and the case-law cited).
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