Court of Justice 17 June 2004, C-425/02 (Johanna Maria Delahaye, née Delahaye v Ministre de la Fonction publique et de la Réforme administrative.)

Opinion of the Advocate-General Opinion of the Advocate-General 1. Where the State takes over activities previously carried on by a non-profit-making association (a legal person governed by private law), is the State, as transferee of the undertaking, obliged under Community law, to preserve unchanged the private law contracts of employment existing at the date of transfer of this undertaking,