Order — ECLI:EU:C:2005:764
Date: 2005-12-13
Language of the case: Spanish
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Concepts: Employment protection and protection of employees in the event of the insolvency of their employer;General
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary of the Order 1. Preliminary rulings – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Application of Article 104(3) of the Rules of Procedure (Rules of Procedure of the Court, Art. 104(3)) 2. Social policy – Approximation of laws – Protection of workers in the event of the insolvency of their employer – Directive 80/987 – Scope – Definition of pay – National legislation including compensation for unfair dismissal awarded by judgment or administrative decision and excluding claims established in a judicial conciliation procedure – Breach of the principle of equal treatment – Duties and powers of the national court (Council Directive 80/987, as amended by Directive 2002/74, Art. 3(1))