# C_2012235EN.01000702.xml

| 4.8.2012 | EN | Official Journal of the European Union | C 235/7 |
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4.8.2012

EN

Official Journal of the European Union

C 235/7

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Reference for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 21 May 2012 — Meliha Veli Mustafa v Direktor na fond ‘Garantirani vzemania na rabotnitsite i sluzhitelnite’ kam Natsionalnia osiguritelen institut

(Case C-247/12)

2012/C 235/14

Language of the case: Bulgarian

Referring court

Referring court

Varhoven administrativen sad

Parties to the main proceedings

Parties to the main proceedings

Applicant: Meliha Veli Mustafa

Applicant:

Defendant: Direktor na fond ‘Garantirani vzemania na rabotnitsite i sluzhitelnite’ kam Natsionalnia osiguritelen institut

Defendant:

Questions referred

Questions referred

| 1. | In the light of Recital 5 of the preamble to Directive 2002/74/EC, (1) is Article 2(1) of Council Directive 80/987/EEC (2) of 20 October 1980 on the protection of employees in the event of the insolvency of their employer, as amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 amending 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, to be interpreted as meaning that it requires the Member States to provide guarantees for employees’ claims in insolvency proceedings at every stage of those proceedings until the declaration of insolvency, and not only at the opening of those proceedings? |
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1.

In the light of Recital 5 of the preamble to Directive 2002/74/EC, (1) is Article 2(1) of Council Directive 80/987/EEC (2) of 20 October 1980 on the protection of employees in the event of the insolvency of their employer, as amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 amending 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, to be interpreted as meaning that it requires the Member States to provide guarantees for employees’ claims in insolvency proceedings at every stage of those proceedings until the declaration of insolvency, and not only at the opening of those proceedings?

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| 2. | Is Article 2(1) of Directive 80/987, as amended by Directive 2002/74, infringed by a provision of national law which enables the guarantee institution to satisfy employees’ outstanding claims arising from employment relationships only in so far as those claims arise before the date of the registration of the decision to open the insolvency proceedings, if, by that decision, the activity of the employing company is not terminated and the company is not declared insolvent? |
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2.

Is Article 2(1) of Directive 80/987, as amended by Directive 2002/74, infringed by a provision of national law which enables the guarantee institution to satisfy employees’ outstanding claims arising from employment relationships only in so far as those claims arise before the date of the registration of the decision to open the insolvency proceedings, if, by that decision, the activity of the employing company is not terminated and the company is not declared insolvent?

| 3. | If the answers to the previous questions are in the affirmative: Is Article 2(1) of Directive 80/987, as amended by Directive 2002/74, directly applicable, and can it be applied directly by national courts? |
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3.

If the answers to the previous questions are in the affirmative: Is Article 2(1) of Directive 80/987, as amended by Directive 2002/74, directly applicable, and can it be applied directly by national courts?

| 4. | If the answers to the previous questions are in the affirmative: In the absence of specific national rules on the period within which a request can be made for the guarantee institution to satisfy employees’ claims arising before the date of the registration of the decision declaring the employer insolvent (and terminating his activity), may the period of 30 days laid down in national law for the exercise of that right be applied in other cases, in accordance with the principle of effectiveness, the period being deemed to begin on the date on which the decision on the declaration of insolvency is entered in the register of companies? |
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4.

If the answers to the previous questions are in the affirmative: In the absence of specific national rules on the period within which a request can be made for the guarantee institution to satisfy employees’ claims arising before the date of the registration of the decision declaring the employer insolvent (and terminating his activity), may the period of 30 days laid down in national law for the exercise of that right be applied in other cases, in accordance with the principle of effectiveness, the period being deemed to begin on the date on which the decision on the declaration of insolvency is entered in the register of companies?

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(1)  Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 amending 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, OJ L 270, p. 10.

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(2)  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.

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