João Filipe Ferreira da Silva e Brito and Others v Estado português (C-293/24)

Judgment of 8 Sept 2026

law://eu/cjeu/2024/c-293-24/para_77@2026-11-12

77Conversely, in such a sector of activity, the failure of the new contractor to take over, in terms of numbers and skills, an essential part of the staff which its predecessor employed to perform the same activity is not sufficient to preclude the existence of a transfer of an entity which retains its identity, within the meaning of Directives 77/187 and 2001/23. Any other conclusion would run counter to the principal objective of those directives, which is to ensure the continuity, even against the wishes of the transferee, of the employment contracts of the employees of the transferor (see, to that effect, judgment of 20 November 2003, Abler and Others, C‑340/01, EU:C:2003:629, paragraph 37).

João Filipe Ferreira da Silva e Brito and Others v Estado português (C-293/24)

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