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 | | On the other hand, the reorganisation of structures of the public administration or the transfer of administrative functions between public administrative authorities does not constitute a transfer of an undertaking within the meaning of the Directive. |
 | | In those cases the transfer concerns activities involving the exercise of public authority (Case C-298/94 Henke v Gemeinde Schierke and Verwaltungsgemeinschaft 'Brocken [1996] ECR I-4989, paragraphs 14 and 17). |
 | | So, the fact that the service transferred was the subject of a concession by a public body such as a municipality cannot exclude application of the Directive if the activity in question does not involve the exercise of public authority (Joined Cases C-173/96 and C-247/96 Sánchez Hidalgo and Others [1998] ECR I-8237, paragraph 24). |
| www.emplaw.co.uk /topinfo/collino.htm (3142 words) |