Is this the beginning of the end of notarial "privilege" related to transfers of undertakings?

Commentary on the Ruling of the Court of Justice of the European Union of 16 November 2023 (joined cases C-583/21 to C-586/21)

Abstract

In this decision, the Court of Justice of the European Union for the first time makes a preliminary ruling on the application of article 1.1 of Directive 2001/23/EC regarding the transfer of undertakings as it affects of notaries' employees, ruling in favour on this matter. Furthermore, this doctrine contradicts the jurisprudence of the Spanish Supreme Court, which to date has consistently rejects the application of articles 44 of the Workers' Statute and 1.1 of Directive 2001/23/EC in this area. It seems clear that the Spanish Supreme Court will be forced to change its doctrine.