Reference for a preliminary ruling from the Tribunal Superior de Justicia de Castilla La Mancha (Spain) lodged on 25 November 2009 — CLECE, S.A. v María Socorro Martín Valor and Ayuntamiento de Cobisa

(Case C-463/09)

2010/C 63/31

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Castilla La Mancha

Parties to the main proceedings

Applicant: CLECE, S.A.

Defendant: María Socorro Martín Valor and Ayuntamiento de Cobisa

Question referred

Does a situation in which a Town Hall resumes or takes over the activity of cleaning its premises, which was previously carried out by a contractor, and for which new staff are hired, fall within the scope of [Council Directive 2001/23/EC] (1), as defined in Article 1(1)(a) and (b) thereof?

(1)  Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ 2001 L 82, p. 16).