# C_2006212EN.01001102.xml

| 2.9.2006 | EN | Official Journal of the European Union | C 212/11 |
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2.9.2006

EN

Official Journal of the European Union

C 212/11

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Reference for a preliminary ruling from the Juzgado de lo Social Único de Algeciras (Spain) lodged on 2 June 2006 — Josefa Velasco Navarro v Fondo de Garantia Salarial (Fogasa)

(Case C-246/06)

(2006/C 212/19)

Language of the case: Spanish

Referring court

Juzgado de lo Social Único de Algeciras

Parties to the main proceedings

Applicant: Josefa Velasco Navarro

Applicant:

Defendant: Fondo de Garantia Salarial (Fogasa)

Defendant:

Questions referred

| 1. | Where it has been found by the national court that the domestic legislation, which is incomplete, did not comply, on 8 October 2005, with Directive 2002/74 (1) and its interpretation by the Court of Justice (with regard to the Community principle of equal treatment) in the order of 13 December 2005 (Case C-177/05), must that directive be regarded as having direct effect as regards FOGASA, the State guarantee institution, with effect from the following day (9 October 2005)? |
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1.

Where it has been found by the national court that the domestic legislation, which is incomplete, did not comply, on 8 October 2005, with Directive 2002/74 (1) and its interpretation by the Court of Justice (with regard to the Community principle of equal treatment) in the order of 13 December 2005 (Case C-177/05), must that directive be regarded as having direct effect as regards FOGASA, the State guarantee institution, with effect from the following day (9 October 2005)?

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| 2. | If the answer to Question 1 is in the affirmative, is the direct effect of Directive 2002/74/EC to apply also, because it is most beneficial to the worker (and least beneficial to the State which has failed to fulfil its obligations), to a declared state of insolvency, following a court conciliation agreement not provided for in the incomplete domestic legislation — between the date of the entry into force of the directive (8 October 2002) and the date by which the Spanish State was to adopt the laws, regulations and administrative provisions necessary to comply with the provisions of the directive (8 October 2005)? |
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2.

If the answer to Question 1 is in the affirmative, is the direct effect of Directive 2002/74/EC to apply also, because it is most beneficial to the worker (and least beneficial to the State which has failed to fulfil its obligations), to a declared state of insolvency, following a court conciliation agreement not provided for in the incomplete domestic legislation — between the date of the entry into force of the directive (8 October 2002) and the date by which the Spanish State was to adopt the laws, regulations and administrative provisions necessary to comply with the provisions of the directive (8 October 2005)?

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(1)  Directive 2002/74 of the European Parliament and of the Council of 23 September 2002 amending Council Directive 80/987/EEC on the approximation of laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (OJ 2002 L 270, p. 10)

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