Cross-Border Transfers of Undertakings: A European Perspective

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Cross-Border Transfers of Undertakings: A European Perspective discusses the issue of cross-border transfers of undertakings from a European perspective and offers new and different solutions to issues of conflicting laws. Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the first full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered recommendations towards the introduction of a new and uniform conflict of laws path for transfers of undertakings throughout the EU.

What’s in this book:

With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following:

determination of applicable law both upon and after transfers;
jurisdictional issues;
the main provisions of the Acquired Rights Directive and their content;
the main differences existing among the relevant laws of the Member States;
special characteristics of the maritime sector and seagoing workers; and
cross-border implications of Brexit.
This book critically evaluates the existing rules on international jurisdiction and the conflict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits.

How this will help you:

This book provides a comprehensive study of existing rules on jurisdiction and applicable laws to a cross-border transfer of undertaking. This book helps counsel representing any actor involved in a cross-border merger, acquisition or business restructuring – transferor, transferee or affected employees – gain a clear understanding of their legal position both before and after the transfer. Thus, this book serves as a useful resource for policymakers, legislators and interested academics by helping them to solve issues of conflicting laws and international jurisdiction relating to transfers of undertakings.
Original languageEnglish
Place of PublicationAlphen aan den Rijn
PublisherKluwer Law International
Number of pages400
ISBN (Print)9789041192271
Publication statusPublished - 18-Sept-2017

Publication series

NameEuropean Monographs
VolumeVolume 103


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