This Directive is without prejudice to Directive 2001/23/EC. In light of the case law of the Court of Justice, namely the judgment of 28 April 2022 in Case C-237/20, Federatie Nederlandse Vakbeweging, the liquidation phase is covered by the exception provided for in Article 5(1) of Directive 2001/23/EC where the pre-pack proceedings have the primary objective to satisfy the claims of creditors to the greatest extent possible whilst preserving employment as much as possible.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
