Analysis of the STS 11 th December 2020 (Rº 416/2018, Social Court). An extinted case law?

Abstract

The commented ruling of the High Social Court analyzes the legal-labour pro­blems derived from the sale of companies in a situation of insolvency. The central premise is that the Spanish legislator has opted for the application of guarantees of transfer of undertaking in cases of business insolvency. On that basis, the extension of the effects of the decision issued by the comercial judge is rejected and joint and several liability derived from contracts that have already been terminated is applied. The study is carried out through the existing legal provision of the text of the Bankruptcy Law 22/2003, of 9 July.