Cross-Border Transfers of Undertakings

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 rst 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 and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU.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 a transfer; 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 con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime s merits and demerits.Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring transferor, transferee, or affected employees will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.