Mailat, judgment of 19.12.2018, C‑17/18

The lease of an enterprise in the form of a restaurant – i.e. real property with equipment – does not constitute a transfer of business (going concern). The decisive factor is that the ownership of the components essential for independent conduct of the business – including the possibility to terminate it – has not been…...

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The lease of an enterprise in the form of a restaurant – i.e. real property with equipment – does not constitute a transfer of business (going concern). The decisive factor is that the ownership of the components essential for independent conduct of the business – including the possibility to terminate it – has not been…...

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