Source: All England Reporter
Publisher Citation: [2011] All ER (D) 113 (Feb)
Court: Court of Justice of the European Union (Eighth Chamber)
Judge:

Judges Scheimann (Rapporteur) (President of the Chamber), Prechal and Jarasiunas.

Judgment Dates: 10 February 2011

Catchwords

European Community - Workers - Protection of workers - Social policy - Insolvency of employer - Guarantee of payment of employees' outstanding claims - Exclusion of persons owning essential part of company that employed them and having considerable influence on it - Whether relevant directive to be interpreted as precluding national legislation - Council Directive 80/897, art 10(c).

The Case

European Community Workers. The Court of Justice of the European Communities gave preliminary rulings concerning the interpretation of art 10(c) of Council Directive 80-987 (on the approximation of the laws of the member states relating to the protection of employees in the event of the insolvency of their employee) in the course of proceedings in Sweden between the applicant and the Supervisory Authority for Judicial Liquidations concerning payment of an outstanding claim arising from employment.

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