Henckel, Kirsten Corine

English

This thesis addresses private international law in light of transfers of undertakings. The primaire research object is the Acquired Rights Directive. The main purpose of the thesis is to establish the necessity, desirability and (possible) shaping of private international law provisions for (cross-border) transfers of undertakings. To this end the thesis discusses issues of jurisdiction and the conflict of laws in matters relating to a transfer of undertaking. The thesis ends with recommendations for the inclusion of uniform provisions on jurisdiction and the conflict of laws into the Acquired Rights Directive

ARTS repository - University of Groningen

   University of GroningenCross-border transfers of undertakingsHenckel, Kirsten CorineIMPORTANT NOTE: You are advised to consult the publisher's version (publisher's PDF) if you wish to cite fromit. Please check the document version below.Document VersionPublisher's PDF, also known as Version of recordPublication date:2016Link to publication in University of Groningen/UMCG research databaseCitation for published version (APA):Henckel, K. C. (2016). Cross-border transfers of undertakings. [Thesis fully internal (DIV), University ofGroningen]. University of Groningen.CopyrightOther than for strictly personal use, it is not permitted to download or to forward/distribute the text or part of it without the consent of theauthor(s) and/or copyright holder(s), unless the work is under an open content license (like Creative Commons).The publication may also be distributed here under the terms of Article 25fa of the Dutch Copyright Act, indicated by the “Taverne” license.More information can be found on the University of Groningen website: https://www.rug.nl/library/open-access/self-archiving-pure/taverne-amendment.Take-down policyIf you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediatelyand investigate your claim.Downloaded from the University of Groningen/UMCG research database (Pure): http://www.rug.nl/research/portal. For technical reasons thenumber of authors shown on this cover page is limited to 10 maximum.Download date: 13-02-2023Propositions regarding the doctoral thesis by K.C. Henckel, entitled: ‘Cross-border transfers of undertakings’   1. The 'retention of identity'-test applies equally to cross-border and domestic transfers of undertakings;   2. The main legal uncertainties arising in relation to cross-border transfers of undertakings befall the area of private international law;   3. The issue of transfers of undertakings does not require a concurrence (Gleichlauf) between jurisdiction and applicable law;   4. The issue of transfers of undertakings is incompatible with the conflict of laws regime that exists under the Rome I Regulation;   5. The Acquired Rights Directive is in need of a complementary multilateral conflict of laws provision;   6. The provisions stemming from the Acquired Rights Directive do not amount to overriding mandatory provisions of European descend;   7. No transfer of undertaking should be subject to a conflit mobile;   8. The applicable law for transfers of (land-based) undertakings should be made dependent upon the location of the undertaking to be transferred;   9. The scope rules existing in European directives bring uncertainty to the area of the conflict of laws;   10. The recent changes to the Acquired Rights Directive have failed to place seafaring workers on equal footing with land-based workers.   

Cross-border transfers of undertakings

https://pure.rug.nl/ws/files/37553893/Propositions.pdf

Cross-border transfers of undertakings

Abstract

Similar works

Full text

Available Versions

ARTS repository - University of Groningen