# C_2010317EN.01001801.xml

| 20.11.2010 | EN | Official Journal of the European Union | C 317/18 |
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20.11.2010

EN

Official Journal of the European Union

C 317/18

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Reference for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 13 September 2010 — J.C. van Ardennen v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen

(Case C-435/10)

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2010/C 317/32

Language of the case: Dutch

Referring court

Referring court

Centrale Raad van Beroep

Parties to the main proceedings

Parties to the main proceedings

Applicant: J.C. van Ardennen

Applicant:

Defendant: Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (UWV)

Defendant:

Questions referred

Questions referred

| 1. | Must the Insolvency Directive, (1) in particular Articles 4, 5 and 10 thereof, be interpreted in such a way as to render generally incompatible with it a national rule which obliges employees, in the event of the insolvency of their employer, in order to (fully) validate their right to have their outstanding wage claims met, to register as job-seekers at the latest on the first working day after the day on which the employment relationship ended or should reasonably have ended? If not: |
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1.

Must the Insolvency Directive, (1) in particular Articles 4, 5 and 10 thereof, be interpreted in such a way as to render generally incompatible with it a national rule which obliges employees, in the event of the insolvency of their employer, in order to (fully) validate their right to have their outstanding wage claims met, to register as job-seekers at the latest on the first working day after the day on which the employment relationship ended or should reasonably have ended? If not:

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| 2. | Must the Insolvency Directive, in particular Articles 4, 5 and 10 thereof, be interpreted in such a way as to render incompatible with it a national rule which also imposes that registration obligation on employees who engaged in activities in their own business or profession during the notice period? |
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2.

Must the Insolvency Directive, in particular Articles 4, 5 and 10 thereof, be interpreted in such a way as to render incompatible with it a national rule which also imposes that registration obligation on employees who engaged in activities in their own business or profession during the notice period?

| 3. | Must the Insolvency Directive, in particular Articles 4, 5 and 10 thereof, be interpreted in such a way as to render incompatible with it a national rule on the basis of which failure to comply (timeously) with that registration obligation can result in the partial non-payment of the insolvency benefit, where the level and the duration of the partial non-payment measure taken are partly determined by the date of compliance with that obligation? |
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3.

Must the Insolvency Directive, in particular Articles 4, 5 and 10 thereof, be interpreted in such a way as to render incompatible with it a national rule on the basis of which failure to comply (timeously) with that registration obligation can result in the partial non-payment of the insolvency benefit, where the level and the duration of the partial non-payment measure taken are partly determined by the date of compliance with that obligation?

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(1)  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 (OJ 1980 L 283, p. 23)

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