Cross-Border Transfers of Undertakings: A European Perspective

European Monograph Series Volume 103

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.