Opinion of the Advocate General — ECLI:EU:C:2009:227
Date: 2009-04-02
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 1. Social policy – Approximation of laws – Protection of employees in the event of the insolvency of their employer – Directive 80/987 (Council Directive 80/987, Arts 3 and 4) 2. Social policy – Approximation of laws – Protection of employees in the event of the insolvency of their employer – Directive 80/987 (Council Directive 80/987, Arts 4 and 5) 3. Social policy – Approximation of laws – Protection of employees in the event of the insolvency of their employer – Directive 80/987 (Council Directive 80/987) 1. Articles 3 and 4 of Directive 80/987on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer do not preclude national legislation which allows employees’ outstanding claims to be classified as ‘social security benefits’ where they are paid by a guarantee institution. (see para. 31, operative part 1) 2. 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 national legislation which uses the employee’s initial claim relating to pay merely as a basis of comparison for the determination of the benefit to be guaranteed by the intervention of a guarantee fund. (see para. 35, operative part 2) 3. In the context of an application by an employee for payment by a guarantee fund of outstanding claims relating to pay, 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 limitation period of one year (principle of equivalence). However, it is for the national court to examine whether it is framed in such a way as to render impossible in practice or excessively difficult the exercise of the rights recognised by Community law (principle of effectiveness). (see para. 50, operative part 3)