In the case at hand, in order to achieve an economically viable operat
ion of the acquired assets, Capricorn assessed its needs, in order to achieve viability of its operations, and chose not to receive the entirety of the employees of the sellers but 85 % of them, i.e. 253 of the total 297 employees, on 1 January 2015 (date when Capricorn will start operating the acquired assets). It is maintained however, t
hat since Capricorn could take an independent decision to engage or not existing personnel, the confirmed hiring of existing personn
el does no ...[+++]t lead to continuity of operations.