Netherlands - Prepack bankruptcy turned down by court - June 30, 2017

Trade union FNV won an important battle in the court room. The Court of Justice of the European Union ruled in favour of four care workers sacked in a prepacked bankruptcy deal. The FNV had initiated the case after the four lost their jobs when childcare group Estro went bust in 2014 and restarted directly after as Smallsteps. In total, 1,000 of the 3,800 workers lost their jobs. A lower Dutch court had asked the CJEU several questions. The CJEU had to decide whether the EU transfer of undertakings directive must be interpreted as meaning that the protection of workers is maintained in a situation, in which the transfer of an undertaking takes place following a declaration of insolvency and in the context of a ‘prepack’ prepared before the declaration of insolvency and put into effect immediately after that declaration. The CJEU concluded that a ‘prepack’ procedure does not satisfy all the conditions laid down in the EU transfers of undertakings directive and that, therefore, there can be no derogation from the protection scheme provided for under the directive.

English: …  

The judgement (English): …   

For more information, please contact the editor Jan Cremers, Amsterdam Institute for Advanced Labour Studies (AIAS) or the communications officer at the ETUI, Willy De Backer For previous issues of the Collective bargaining newsletter please visit Since June 2013 readers can consult our archive and search through all articles in our database at www.cbnarchive.euYou may find further information on the ETUI at, and on the AIAS at

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