# C_2007056EN.01000601.xml

| 10.3.2007 | EN | Official Journal of the European Union | C 56/6 |
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10.3.2007

EN

Official Journal of the European Union

C 56/6

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Judgment of the Court (Second Chamber) of 25 January 2007 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division, United Kingdom) — Carol Marilyn Robins and Others v Secretary of State for Work and Pensions

(Case C-278/05) (1)

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(Protection of employees in the event of the employer's insolvency - Directive 80/987/EEC - Transposition - Article 8 - Supplementary company or inter-company pension schemes - Old-age benefits - Protection of rights conferring immediate entitlement - Extent of protection - Liability of a Member State by reason of the incorrect transposition of a directive - Conditions)

(2007/C 56/09)

Language of the case: English

Referring court

High Court of Justice of England and Wales, Chancery Division

Parties in the main proceedings

Applicants: Carol Marilyn Robins and Others

Applicants:

Defendant: Secretary of State for Work and Pensions

Defendant:

Re:

Interpretation of Article 8 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 (OJ 1980 L 283, p. 23) — Extent of the obligation to protect rights conferring on employees immediate or prospective entitlement to old-age benefits

Operative part of the judgment

| 1) | On a proper construction of Article 8 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, where the employer is insolvent and the assets of the supplementary company or inter-company pension schemes are insufficient, accrued pension rights need not necessarily be funded by the Member States themselves or be funded in full. |
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1)

On a proper construction of Article 8 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, where the employer is insolvent and the assets of the supplementary company or inter-company pension schemes are insufficient, accrued pension rights need not necessarily be funded by the Member States themselves or be funded in full.

| 2) | A system of protection such as that at issue in the main proceedings is incompatible with Article 8 of Directive 80/987. |
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2)

A system of protection such as that at issue in the main proceedings is incompatible with Article 8 of Directive 80/987.

| 3) | If Article 8 of Directive 80/987 has not been properly transposed into domestic law, the liability of the Member State concerned is contingent on a finding of manifest and grave disregard by that State for the limits set on its discretion. |
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3)

If Article 8 of Directive 80/987 has not been properly transposed into domestic law, the liability of the Member State concerned is contingent on a finding of manifest and grave disregard by that State for the limits set on its discretion.

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(1)  OJ C 243, 1.10.2005.

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