Opinion of the Advocate General — ECLI:EU:C:1999:401
Date: 1999-09-09
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment 
Social policy — Approximation of laws — Protection of employees in the event of the 
insolvency of their employer — Directive 80/987 — Responsible guarantee institution — 
Employee residing in a Member State and employed there by a branch of a company 
placed in liquidation whose registered office is in another Member State — Responsibility 
of the institution of the Member State in which he was employed 
(Council Directive 80/987, Art. 3) 
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SUMMARY — CASE C-198/98 
Where the employees adversely affected by 
the insolvency of their employer were 
employed in a Member State by the branch 
established in that State of a company 
incorporated under the laws of another 
Member State, where that company has its 
registered office and in which it was placed 
in liquidation, the competent institution, 
under Article 3 of Directive 80/987 on the 
approximation of the laws of the Member 
States relating to the protection of employ­
ees in the event of the insolvency of their 
employer, for payment to those employees 
of outstanding claims is that of the State 
within whose territory they were employed. 
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