Transfer of business branch at Shopping Center "IL CENTRO" in Arese (MI)
Arese (MI)
Transfer of business branch at Shopping Center "IL CENTRO" in Arese (MI)
Business branch, better described in the appraisal report, consisting of a retail store for clothing and sports articles under the trade name "Treesse", located inside the shopping center owned by TEA called "Il Centro", located in Arese, via G. Luraghi 11, consisting of:
-rental contract of the commercial business located inside the shopping center called "Il Centro", in Arese, via G. Luraghi 11, stipulated with TEA and renewed for an additional three years after the first expiration date of 13.04.2025;
-No. 6 subordinate work relationships, except for the possibility that an employee not included in the business branch will not request reinstatement;
-store equipment and furnishings;
-"Treesse" brand;
-website;
-customers and goodwill.
Real estate properties, registered movable properties, credits and debts, as well as the stock of goods present inside the store at the date of property transfer, which will be subject to a separate sale, are not part of the business branch.
RENTAL CONTRACT OF THE BRANCH
The rental contract is subject to a resolutive condition in case the Branch is awarded to a different subject than the tenant, following an authorized competitive sales procedure by the Court. In this case, the rental contract will be considered terminated ipso iure on the fifteenth day following the receipt by the tenant of a PEC communication from the Procedure in which the award to third parties of the Branch is communicated. The tenant is required to return the Branch within the following five days.
WORK RELATIONSHIPS
The transfer of the Branch will involve the transfer to the successful bidder of all subordinate work relationships in force at the date of transfer, without joint liability for the successful bidder, pursuant to paragraph 5-bis of article 47 of Law no. 428 of December 29, 1990, for all credits claimed by workers up to the moment of transfer.
The bidder is required to transmit to the trade unions, the communication pursuant to paragraph 1-bis of article 47, of Law no. 428 of December 29, 1990, simultaneously with the submission of the offer.
It is noted that a subordinate worker not included in the number of employees of the business branch has made an extrajudicial claim for reinstatement, currently not pursued judicially.