Spijkers v Gebroeders Benedik Abattoir CV (1986) C-24/85 is a Dutch and EU labour law case concerning transfers of undertakings, and the job security rights of employees.
Mr Spijkers worked for a slaughterhouse owned by Colaris in Ubach over Worms.
He said the ‘essential question is whether the transferee is put in a position, as a result of a legal transfer, whereby he can carry on the undertaking or business or part thereof.’ The European Court of Justice held that the "decisive question… is whether the entity in question retains its identity".
[1] This means a whole range of factors, including customers, goodwill, buildings, tangible assets and employees should be considered.
Sale of assets (means of production, as argued by Mr Spijkers) is not necessarily enough by itself.