Alemo-Herron v Parkwood Leisure Ltd (Case C-426/11); [2013] WLR (D) 288
“Article 3 of Council Directive 2001/23/EC precluded a member state from providing, in the event of a transfer of an undertaking, that dynamic clauses referring to collective agreements negotiated and adopted after the date of transfer were enforceable against the transferee, where that transferee did not have the possibility of participating in the negotiation process of such collective agreements concluded after the date of the transfer.”
WLR Daily, 18th July 2013
Source: www.iclr.co.uk