Opinion of the Advocate General — ECLI:EU:C:1996:448
Date: 1996-11-21
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 
1. Preliminary rulings —Jurisdiction of the Court — Limits — Submission during the procedure 
before the Court of a factual background different from that described in the referring judg­
ment — Obligation of the Court to confine itself to the factual background as set out in that 
judgment 
(EC Treaty, Art. 177; EC Statute of the Court of Justice, Art. 20) 
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SUMMARY — CASE C-235/95 
2. Social policy — Approximation of laws — Protection of employees in the event of the insol­
vency of their employer — Directive 80/987 — Member States' option of setting a ceiling on 
the payment guarantee in respect of employees' outstanding claims — Duty to communicate 
to the Commission the laws, regulations and administrative provisions adopted in that area — 
Scope — Infringement — Consequences 
(Council Directive 80/987, Arts 4(3) and 11) 
1. Under Article 177 of the Treaty, which is 
based on a clear separation of functions 
between the national courts and the 
Court of Justice, any assessment of the 
facts in the case is a matter for the 
national court. The Court of Justice is 
thus empowered to rule on the interpre­
tation or validity of Community provi­
sions only on the basis of the facts which 
the national court puts before it. More­
over, to alter the substance of questions 
referred for a preliminary ruling would 
be incompatible with the Court's func­
tion under Article 177 of the Treaty and 
with its duty to ensure that the Govern­
ments of the Member States and the par­
ties concerned are given the opportunity 
to submit observations under Article 20 
of the Statute of the Court, bearing in 
mind that, under that provision, only the 
order of the referring court is notified to 
the interested parties. 
2. Articles 4(3) and 11 of Directive 80/987 
on the approximation of the laws of the 
Member States relating to the protection 
of employees in the event of the insol­
vency of their employer do not preclude 
the application of national provisions set­
ting a ceiling on the payment guarantee in 
respect of employees' outstanding claims, 
where the Member State has failed to 
inform the Commission of the methods 
used to set that ceiling. 
It does not follow from the second sub­
paragraph of Article 4(3) of Directive 
80/987, which requires Member States 
that have set a ceiling to the liability for 
employees' outstanding claims, as the 
preceding subparagraph authorises them 
to do, to inform the Commission of the 
methods used to set that ceiling, that that 
duty gives rise to a Community pro­
cedure for monitoring the methods cho­
sen by the Member State, or that Member 
States' exercise of the option to set a ceil­
ing is subject to the express or implied 
agreement of the Commission. Moreover, 
neither the wording nor the purpose of 
the abovementioned provision provides 
justification for the view that Member 
States' non-compliance with their obliga­
tion to give prior notice in itself renders 
the ceilings thus adopted unlawful. 
Thus the purpose of the obligation to 
give notice laid down in the second sub­
paragraph of Article 4(3) is simply to 
inform the Commission whether Member 
States have exercised the option referred 
to in the preceding subparagraph and, if 
so, in what manner. 
As for Article 11(2) of the Directive, 
which requires Member States to commu­
nicate to the Commission the texts of the 
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AGS ASSEDIO v DUMON AND FROMENT 
laws, regulations and administrative pro­
visions which they adopt in the field gov­
erned by the Directive, it is clear from 
that provision that it concerns relations 
between the Member States and the 
Commission and confers no right upon 
individuals which could be infringed in 
the event of a breach by a Member State 
of the obligation to give prior notice to 
the Commission of the methods used to 
set the ceiling referred to in Article 4(3) 
of the Directive. 
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