# C_2005155EN.01000702.xml

| 25.6.2005 | EN | Official Journal of the European Union | C 155/7 |
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25.6.2005

EN

Official Journal of the European Union

C 155/7

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Reference for a preliminary ruling from the Juzgado de lo Social Único de Algeciras by order of that court of 30 March 2005 in Maria Cristina Guerrero Pecino v Fondo de Garantía Salarial (FOGASA)

(Case C-177/05)

(2005/C 155/14)

Language of the case: Spanish

Reference has been made to the Court of Justice of the European Communities by order of the Juzgado de lo Social Único de Algeciras of 30 March 2005, received at the Court Registry on 20 April 2005, for a preliminary ruling in the proceedings between María Cristina Guerrero Pecino and the Fondo de Garantía Salarial.

The Juzgado de lo Social Único de Algeciras asks the Court of Justice to give a ruling on the following questions:

| | Having regard to the general principle of equality and non-discrimination, is the inequality in treatment created by Article 33.2 of the Workers' Statute and by the interpretation made of that provision by the Tribunal Supremo objectively justified and, consequently, must compensation for dismissal be excluded where it is payable to a worker pursuant to judicial conciliation within the ambit of Council Directive 80/987/EEC (1) 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, in the version amended by Directive 2002/74/EC (2) of the European Parliament and of the Council of 23 September 2002, |
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Having regard to the general principle of equality and non-discrimination, is the inequality in treatment created by Article 33.2 of the Workers' Statute and by the interpretation made of that provision by the Tribunal Supremo objectively justified and, consequently, must compensation for dismissal be excluded where it is payable to a worker pursuant to judicial conciliation within the ambit of Council Directive 80/987/EEC (1) 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, in the version amended by Directive 2002/74/EC (2) of the European Parliament and of the Council of 23 September 2002,

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| | or, on the contrary, having regard to the general principle of equality and non-discrimination, is the inequality in treatment created by Article 33.2 of the Workers' Statute and by the interpretation made of that provision by the Tribunal Supremo not objectively justified and, consequently, must compensation for dismissal be included where it is payable to a worker pursuant to judicial conciliation within the ambit of Council Directive 80/987/EEC 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, in the version amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002? |
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or, on the contrary, having regard to the general principle of equality and non-discrimination, is the inequality in treatment created by Article 33.2 of the Workers' Statute and by the interpretation made of that provision by the Tribunal Supremo not objectively justified and, consequently, must compensation for dismissal be included where it is payable to a worker pursuant to judicial conciliation within the ambit of Council Directive 80/987/EEC 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, in the version amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002?

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(1)  OJ L 238 of 28.10.1980, p. 23.

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(2)  OJ L 270 of 8.10.2002, p. 10.

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