CJEU Case C-177/05 / Order

María Cristina Guerrero Pecino v Fondo de Garantía Salarial (Fogasa)
Policy area
Employment and social policy
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Fourth Chamber)
Type
Decision
Decision date
13/12/2005
ECLI (European case law identifier)
ECLI:EU:C:2005:764

Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.

 

  • CJEU Case C-177/05 / Order

    Key facts of the case:

    Reference for a preliminary ruling - First subparagraph of Article 104(3) of the Rules of Procedure - Social policy - Protection of workers in the event of the insolvency of their employer - Directive 80/987/EEC (amended by Directive 2002/74/EC) - Compensation agreed at the conciliation - Payment guaranteed by the guarantee institution - Payment subject to the adoption of a judicial decision.

    Outcome of the case:

    On those grounds, the Court (Fourth Chamber) hereby rules:

    Where, according to the relevant national legislation, compensation for unfair dismissal awarded by a judgment or administrative decision must be considered, under national law, as severance pay on termination of employment relationships which falls within Article 3(1) of Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, as amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002, compensation of the same type, determined by a judicial conciliation procedure such as that at issue in the main proceedings, must also be regarded as severance pay within the meaning of that provision. The national court must leave unapplied domestic legislation which infringes the principle of equality by excluding that compensation from the notion of ‘severance pay’ within the meaning of that directive.

  • Relevance of Charter

    Whereas this judgement does not relate to the Charter of Fundamental Rights of the European Union it is included in the case law database because it is referred to in FRA’s Charter e-guidance. The latter is an online tool guiding judges and other legal practitioners through the relevant questions concerning the applicability of the Charter.