Judgment — ECLI:EU:C:2018:512
Date: 2018-06-28
Language of the case: Spanish
Court formation: Seventh Chamber
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary — Judgment of the Court (Seventh Chamber), 28 June 2018 Social policy — Approximation of laws — Protection of employees in the event of the insolvency of their employer — Directive 2008/94 — Scope — Article 3, first para. — Payment guaranteed by the guarantee institution — Severance pay on termination of employment relationships — Definition — National legislation providing for some forms of statutory compensation payable on termination of a contract of employment at the worker’s request and payable in the case of dismissals on objective grounds — Statutory compensation payable on termination of a contract of employment at the worker’s request on account of a transfer of workplace by the employer, obliging the worker to change residence — Included (European Parliament and Council Directive 2008/94, Art. 3, first para.) The first paragraph of Article 3 of Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer must be interpreted as meaning that, where, according to the national legislation in question, some forms of statutory compensation payable on termination of a contract of employment at the worker’s request and those payable in the case of dismissals on objective grounds, such as those envisaged by the referring court, fall within the concept of ‘severance pay on termination of employment relationships’, within the meaning of that provision, statutory compensation payable on termination of a contract of employment at the worker’s request on account of a transfer of workplace by the employer, obliging the worker to change residence, must also fall within that concept. (see para. 49, operative part)