4.
The obligations laid down in this Article shall apply irrespective of whether the decision resulting in the transfer is taken by the employer or an undertaking controlling the employer. In considering alleged breaches of the information and consultation requirements laid down by this Directive, the argument that such a breach occurred because the information was not provided by an undertaking controlling the employer shall not be accepted as an excuse.
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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as consolidated on 2015-10-09; changes after this date are not shown.