Opinion of the Advocate General — ECLI:EU:C:2002:527
Date: 2002-09-24
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Germany

SUMMARY — CASE C-125/01 
Summary of the Judgment 
Social policy — Approximation of laws — Protection of employees in the event of the 
insolvency of their employer — Directive 80/987 — National legislation introducing a 
time-limit for the lodging of an application seeking to obtain compensation in respect of 
outstanding salary claims — Whether permissible — Conditions 
(Council Directive 80/987) 
Directive 80/987 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 does not 
preclude the application of a time-limit laid 
down by national law for the lodging of an 
application by an employee seeking to 
obtain, in accordance with the detailed 
rules laid down in that directive, a com­
pensation payment in respect of outstand­
ing salary claims resulting from his 
employer's insolvency, provided that the 
time-limit is no less favourable than those 
governing similar domestic applications 
(principle of equivalence) and is not framed 
in such a way as to render impossible in 
practice the exercise of rights conferred by 
Community law (principle of effectiveness). 
(see para. 46, operative part 1) 
I - 9376