This commentary addresses the concept of an organised part of an enterprise, the assessment of the Supreme Court’s position on this matter, and the resolution of the case in light of the factual circumstances underlying the judgment. The evaluation of the ruling is not uniform. The Supreme Court’s position that an organised part of an enterprise satisfies the criteria outlined in Article 551 of the Civil Code is reasonable. However, the statement made by the Supreme Court that, in the case of the transfer of such an organized part, it is necessary to list the individual elements that constitute it, has been met with criticism. This requirement has led to significant reservations about the judgment’s implications, which are analysed in detail in this commentary.
Keywords: enterprise; organised part of an enterprise; transfer of an organised part of an enterprise; preliminary agreement