CEA (Continuity of Enterprises Act) under fire – Belgian State sentenced in Plessers case

On 24 March 2021, the Antwerp Labour Court of Appeal, Hasselt division, issued its much-anticipated ruling in the Plessers case. The Labour Court of Appeal ruled that the Belgian State is liable to pay (limited) damages to an employee who was not taken over in connection with a procedure of transfer under court supervision (i.e. « CEA 3 »), notably as this employee had lost the opportunity of further employment. She is, however, not entitled to damages equal to her statutory compensation in lieu of notice, the Labour Court of Appeal concluded.