# C_2005243EN.01000701.xml

| 1.10.2005 | EN | Official Journal of the European Union | C 243/7 |
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1.10.2005

EN

Official Journal of the European Union

C 243/7

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Reference for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division, by order of that court of 22 June 2005, in 1) Carol Marilyn Robins 2) John Burnett v Secretary of State for Work and Pensions

(Case C-278/05)

(2005/C 243/09)

Language of the case: English

Reference has been made to the Court of Justice of the European Communities by order of the High Court of Justice (England and Wales), Chancery Division, of 22 June 2005, received at the Court Registry on 6 July 2005, for a preliminary ruling in the proceedings between 1) Carol Marilyn Robins 2) John Burnett and Secretary of State for Work and Pensions on the following questions:

| (1) | Is Article 8 of Directive 80/987/EEC (1) to be interpreted as requiring Member States to ensure, by whatever means necessary, that employees' accrued rights under supplementary company or inter company final salary pension schemes are fully funded by Member States in the event that the employees' private employer becomes insolvent and the assets of their schemes are insufficient to fund those benefits? |
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(1)

Is Article 8 of Directive 80/987/EEC (1) to be interpreted as requiring Member States to ensure, by whatever means necessary, that employees' accrued rights under supplementary company or inter company final salary pension schemes are fully funded by Member States in the event that the employees' private employer becomes insolvent and the assets of their schemes are insufficient to fund those benefits?

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| (2) | If the answer to Question (1) is no, are the requirements of Article 8 sufficiently implemented by legislation such as that in force in the United Kingdom as described above? |
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(2)

If the answer to Question (1) is no, are the requirements of Article 8 sufficiently implemented by legislation such as that in force in the United Kingdom as described above?

| (3) | If the UK legislative provisions fail to comply with Article 8, what test should be applied by the national court in considering whether the consequent infringement of Community law is sufficiently serious to attract liability in damages? In particular, is the mere infringement enough to establish the existence of a sufficiently serious breach, or must there also have been a manifest and grave disregard by the Member States for the limits on its rule making powers, or is some other test to be applied and if so which? |
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(3)

If the UK legislative provisions fail to comply with Article 8, what test should be applied by the national court in considering whether the consequent infringement of Community law is sufficiently serious to attract liability in damages? In particular, is the mere infringement enough to establish the existence of a sufficiently serious breach, or must there also have been a manifest and grave disregard by the Member States for the limits on its rule making powers, or is some other test to be applied and if so which?

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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 L 283, 28.10.1980, p. 23).

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