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Transfer of Rights and Obligations Arising from Employment Relations in the Context of Decision-Making Practice of Court of Justice of the European Union (CJEU)
 Povetz, Oskar ; Morávek, Jakub (referee)
This thesis deals with the issues of transfer of rights and obligations arising from employment relations. The main objective of the thesis is to map the CJEU existing judicature and summarize the conclusions arising therefrom. The thesis is divided into several chapters. After a brief description of some historical development of legal regulations of this issue in the Czech Republic as well as the European Union, the question whether CJEU judicature is binding for courts of EU Member States is dealt with in brief. According to my finding, it is. The substantial part of the thesis is, therefore, focused on conclusions of CJEU judicature related to the interpretation of Council Directive 2001/23/EC. This judicature thus forms a crucial information source for my thesis. The judicature in question tells us that according to the above directive transfer of rights and obligations is linked to an economic entity which retains its identity. Such an economic entity can have two basic forms depending on the activity carried out, i.e. it can be formed by a group of employees or by tangible and intangible property. Depending on the type of the economic unit, we can assess individual criteria to decide whether such a unit has been transferred or not. Transfer of rights and obligations can occur only in...
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