Uzņēmuma pārejas fakta nodibināšana

The study “Establishing the Transfer Fact of an Undertaking” aims to analyze the existing doctrine within the Court of Justice of the European Union and Latvian Supreme Court case law to facilitate unified understanding and reduce legal uncertainty in establishing the transfer of an enterprise. The author concludes that the Supreme Court of the Republic of Latvia has adopted an outdated and excessively broad scope of the CJEU transfer evaluation, thus fostering legal uncertainty in the Latvian judicial practice. Recommendations are offered for adapting the Supreme Court’s existing findings to achieve complementarity with the existing CJEU case law. The author also proposes more recent CJEU judgments that the Supreme Court can potentially use to amend the existing case law.