TUPE transfer did not take place

In CLECE SA v Valor [C-463/09], the ECJ decided that a TUPE transfer had not taken place - where a municipal authority had “contracted in” a cleaning contract and hired new workers to clean its premises. The economic entity had not retained its identity after the transfer.

Comment

Please note that reg. 3(1)(b)(iii) [service provision change] of the TUPE regulations did not affect the ECJ's decision in the CLECE case.