39In that regard, the Court has held that the fact that the tangible assets taken over by the new contractor did not belong to its predecessor but were merely provided by the contracting authority cannot preclude the existence of a transfer of an undertaking within the meaning of Directive 2001/23 (see, to that effect, judgment in Abler and Others, C‑340/01, EU:C:2003:629, paragraph 42).
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