Revised proposals on transfers Directive
Article Abstract:
The proposed amendments to the EC Business Transfers Directive cover areas such as joint liability, insolvencies, sanctions, the definition of undertakings, notice requirements, and employees' representatives powers. The European Commission has also issued a memorandum analyzing relevant European Court of Justice (ECJ) case law applicable to the Directive. However, the ECJ's 1997 Suzen ruling appears to limit the Directive's scope, even if the proposed amendments are enacted.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1997
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Provision of Race Relations Act incompatible with EC law
Article Abstract:
The EAT in Bossa v. Nordstress Ltd. held that EC law regarding freedom of movement and employment supercedes UK employment law. The plaintiff claimed UK statutes indirectly discriminate against foreign nationals. EC law overrules provisions of Great Britain's Race Relations Act of 1976 insofar as the provisions conflict with Community principles. Community employment laws apply not only to groups but also to individuals.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1998
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Failure to implement Directive founds Francovich claim
Article Abstract:
An EC member state breaches EC law and commits a compensable offense when it fails to implement Directive requirements into domestic law, according to a 1996 decision by the European Court of Justice. A failure to implement such laws within the prescribed time limits violate the 1992 Francovich case decision, which governs EC compensation claims.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1996
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- Abstracts: Suggested approach for judicial interpretation of regulations that grant discretion to taxpayers. Use of industry definitions in interpretation of the Internal Revenue Code: towards a more systematic approach
- Abstracts: ILSA perplexes foreign firms; provisions of the Iran and Libya Sanctions Act fail to give firms clear rules on taboo activities
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- Abstracts: Introductory note. Some reflections on, and modest proposals for reform of, the Hart-Scott-Rodino premerger notification program
- Abstracts: Substitutes for letters of credit sales: a seller's lot is not a happy one. An analysis of the recent revision to Article Five of the Uniform Commercial Code: letters of credit