# C_2007211EN.01002302.xml

| 8.9.2007 | EN | Official Journal of the European Union | C 211/23 |
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8.9.2007

EN

Official Journal of the European Union

C 211/23

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Reference for a preliminary ruling from the Lunds Tingsrätt (Sweden) lodged on 28 June 2007 — Svenska staten genom Tillsynsmyndigheten i konkurser v Anders Holmqvist

(Case C-310/07)

(2007/C 211/44)

Language of the case: Swedish

Referring court

Lunds Tingsrätt

Parties to the main proceedings

Applicant: Svenska staten genom Tillsynsmyndigheten i konkurser

Applicant:

Defendant: Anders Holmqvist

Defendant:

Questions referred

| 1. | Is Article 8a 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, most recently amended by Directive 2002/74/EC (2) of the European Parliament and of the Council, to be interpreted as meaning that, for an undertaking to be regarded as having activities in the territory of a particular Member State, it is necessary for that undertaking to have a subsidiary or a permanent place of business in that Member State? |
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1.

Is Article 8a 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, most recently amended by Directive 2002/74/EC (2) of the European Parliament and of the Council, to be interpreted as meaning that, for an undertaking to be regarded as having activities in the territory of a particular Member State, it is necessary for that undertaking to have a subsidiary or a permanent place of business in that Member State?

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| 2. | If the answer to Question 1 is negative, what conditions must be met for an undertaking to be regarded as having activities in several Member States? |
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2.

If the answer to Question 1 is negative, what conditions must be met for an undertaking to be regarded as having activities in several Member States?

| 3. | If the company is to be regarded as having activities in the territory of several Member States and an employee performs work for the company in several of those Member States, what criteria determine where the work is usually performed? |
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3.

If the company is to be regarded as having activities in the territory of several Member States and an employee performs work for the company in several of those Member States, what criteria determine where the work is usually performed?

| 4. | Does Article 8a 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, most recently amended by Directive 2002/74/EC of the European Parliament and of the Council, have direct effect? |
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4.

Does Article 8a 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, most recently amended by Directive 2002/74/EC of the European Parliament and of the Council, have direct effect?

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

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(2)  OJ 2002 L 270, p. 10.

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