Judgment_paragraph 21 · Achilleion Anomymi Xenodocheiaki Etaireia v Elliniko Dimosio (C-313/22)

21According to that court, it is apparent from Articles 1 to 4 of Proedrikó Diátagma 178/2002: Métra schetiká me tin prostasía ton dikaiomáton ton ergazoménon se períptosi metavívasis epicheiríseon, egkatastáseon í tmimáton egkatastáseon í epicheiríseon, se symmórfosi pros tin Odigía 98/50/EK tou Symvoulíou (Presidential Decree No 178/2002 on the measures relating to the protection of workers’ rights in the event of transfers of undertakings, establishments or parts of undertakings or establishments, in order to comply with Directive 98/50/EC (FEK A’ 162/12.7.2002)) that a transfer of an undertaking is any taking over or continuation of an economic activity by a third party, provided that the identity of the undertaking or business concerned is retained. In such a case, the change of the person of the employer entails, irrespective of the legal cause and the form of the transfer in question, the automatic subrogation of the new employer to the existing employment relationships and the discharge of the former employer for the period subsequent to that change. However, even after such a transfer, the latter remains liable, jointly and severally with the new employer, for obligations arising from a contract of employment or from an employment relationship until such time as they are taken over by the successor. This effect arises independently of any consent of the workers.

Achilleion Anomymi Xenodocheiaki Etaireia v Elliniko Dimosio (C-313/22)

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