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CJEU Case C-338/17 / Judgment

Virginie Marie Gabrielle Guigo v Fond 'Garantirani vzemania na rabotnitsite i sluzhitelite'.

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Seventh Chamber
Type:
Decision
Decision date:
25/07/2018

Key facts of the case:

Reference for a preliminary ruling — Social policy — Protection of employees in the event of employer’s insolvency — Directive 2008/94/EC — Articles 3 and 4 — Employees’ claims borne by guarantee institutions — Limitation on the liability of guarantee institutions — Exclusion of wage claims arising over three months prior to the entry in the commercial register of the judicial decision initiating insolvency proceedings.

Outcome of the case:

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

Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer must be interpreted as not precluding national legislation, such as Article 4(1) of the Zakon za garantiranite vzemania na rabotnitsite i sluzhitelite pri nesastoyatelnost na rabotodatelia (Law on employees’ guaranteed claims in the event of the employer’s insolvency), which does not guarantee the wage claims of employees whose employment relationship ended more than three months prior to the entry in the commercial register of the judicial decision initiating insolvency proceedings in respect of their employer.