Transfer and restructuring of undertakings in the European Union – case studies

The article focuses on the European Union law concerning a transfer and restructuring of undertakings, namely on the Directive 2001/23/EC, Directive 98/59/EC and Directive 2002/74/EC. It explains basic definitions adopted by a legislator for the application of these provisions. On the basis of selected case studies, the article identifies when a transfer of undertakings takes place, taking into account selected characteristics of this process. Only under certain circumstances a transfer and restructuring of undertakings are legally recognized, as it has been clarified by the European courts in their rulings. Protection of the rights of employees in the case of a transfer and restructuring of undertakings is directly connected with this subject matter, which has been elucidated in the elaboration