# C_2014282EN.01002401.xml

| 25.8.2014 | EN | Official Journal of the European Union | C 282/24 |
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25.8.2014

EN

Official Journal of the European Union

C 282/24

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Request for a preliminary ruling from the Simvoulio tis Epikratias (Council of State) (Greece) lodged on 13 June 2014 — The Greek State v Stefanos Stroumboulis and Others

(Case C-292/14)

2014/C 282/30

Language of the case: Greek

Referring court

Referring court

Simvoulio tis Epikratias (Council of State)

Parties to the main proceedings

Parties to the main proceedings

Applicant: The Greek State

Applicant:

Defendants: Stefanos Stroumpoulis, Nicolaos Koumpanos, Panagiotis Renieris, Charalampos Renieris, Ioannis Zacharias, Dimitrios Lazarou and Apostolos Chatzisotiriou

Defendants:

Questions referred

Questions referred

| 1) | Are the provisions of Council Directive 80/987/EEC (1) to be interpreted as meaning that seamen of a Member State who provided maritime labour on a vessel flying the flag of a country which is not a member of the European Union, as regards their outstanding claims against the ship-owning company — which had its registered office in the territory of the non-member country though its real seat was in the Member State concerned, and which was declared insolvent by a court of that Member State according to the law of that Member State, for the precise reason that that was where its real seat was — were subject to the protective provisions of the above Directive, in view of the purpose of the Directive and irrespective of the fact that the relevant employment contracts were governed by the law of the non-member country and that the Member State is unable to claim a contribution from the ship-owning company, which is not subject to the domestic legal order, towards the financing of the guarantee institution? |
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1)

Are the provisions of Council Directive 80/987/EEC (1) to be interpreted as meaning that seamen of a Member State who provided maritime labour on a vessel flying the flag of a country which is not a member of the European Union, as regards their outstanding claims against the ship-owning company — which had its registered office in the territory of the non-member country though its real seat was in the Member State concerned, and which was declared insolvent by a court of that Member State according to the law of that Member State, for the precise reason that that was where its real seat was — were subject to the protective provisions of the above Directive, in view of the purpose of the Directive and irrespective of the fact that the relevant employment contracts were governed by the law of the non-member country and that the Member State is unable to claim a contribution from the ship-owning company, which is not subject to the domestic legal order, towards the financing of the guarantee institution?

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| 2) | Are the provisions of Council Directive 80/987/EEC to be interpreted as meaning that ‘equivalent protection’ includes payment, pursuant to Article 29 of Law 1220/1981, by the Seamen’s Insurance Fund (NAT) of wages for up to three months, according to the rate of basic pay and benefits set out in the relevant collective bargaining agreements for Greek seamen employed as such on board vessels flying the Greek flag or foreign vessels which have entered into an agreement with NAT, in the circumstances referred to in that article, i.e. only if they are abandoned in a foreign country? |
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2)

Are the provisions of Council Directive 80/987/EEC to be interpreted as meaning that ‘equivalent protection’ includes payment, pursuant to Article 29 of Law 1220/1981, by the Seamen’s Insurance Fund (NAT) of wages for up to three months, according to the rate of basic pay and benefits set out in the relevant collective bargaining agreements for Greek seamen employed as such on board vessels flying the Greek flag or foreign vessels which have entered into an agreement with NAT, in the circumstances referred to in that article, i.e. only if they are abandoned in a foreign country?

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(1)  Council Directive 80/987/EEC of 20 October 1980 on the protection of employees in the event of the insolvency of their employer (OJ 1980 L 283, p. 35).

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