The transferee is not exempt from paying outstanding wages to employees affected by a transfer of undertaking, even if the due date preceded the transfer

In Case C-216/25, the CJEU ruled that all the rights and obligations of the transferor arising from employment contracts in force at the time of the transfer, including obligations to pay wages outstanding prior to the transfer, are automatically transferred to the transferee. The transfer of these obligations cannot be made conditional upon the consent of the employee-creditor, and the general rules of the Civil Code concerning the assumption of debt cannot be used to block this specific mechanism. Nor does Article 8 of the Directive (more favourable provisions) permit Member States to make the transfer of wage obligations subject to the employee’s consent.

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