CJEU Case C-442/00 / Judgment

Ángel Rodríguez Caballero 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 (Sixth Chamber)
Type
Decision
Decision date
12/12/2002
ECLI (European case law identifier)
ECLI:EU:C:2002:752

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-442/00 / Judgment

    Key facts of the case:

    Reference for a preliminary ruling: Tribunal Superior de Justicia de Castilla-La Mancha - Spain.

    Social policy - Protection of employees in the event of the insolvency of their employer - Directive 80/987/EEC - Scope - 'Claims' - 'Pay' - 'Salarios de tramitación' - Payment guaranteed by the guarantee institution - Payment subject to the adoption of a judicial decision.

    Outcome of the case:

    On those grounds, THE COURT (Sixth Chamber), in answer to the questions referred to it by the Tribunal Superior de Justicia de Castilla-La-Mancha by order of 27 October 2000, hereby rules:

    1. Claims in respect of salarios de tramitación must be regarded as employees' claims arising from contracts of employment or employment relationships and relating to pay, within the meaning of Articles 1(1) and 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, irrespective of the procedure under which they are determined, if, according to the national legislation concerned, such claims, when recognised by judicial decision, give rise to liability on the part of the guarantee institution and if a difference in treatment of identical claims acknowledged in a conciliation procedure is not objectively justified.
    2. The national court must set aside national legislation which, in breach of the principle of equality, excludes from the concept of pay within the meaning of Article 2(2) of Directive 80/987 claims in respect of salarios de tramitación agreed in a conciliation procedure supervised and approved by a court; it must apply to members of the group disadvantaged by that discrimination the arrangements in force in respect of employees whose claims of the same type come, according to the national definition of pay, within the scope 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.