Opinion of the Advocate General — ECLI:EU:C:2002:414
Date: 2002-07-02
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Germany

SUMMARY — CASE C-160/01 
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 — Onset of the employer's 
insolvency — Definition — National provision defining the date of insolvency as 
that of the decision ruling on the request for opening of the insolvency procedure — 
Not permissible 
(Council Directive 80/987, Arts 3(2) and 4(2)) 
2. Social policy •— Approximation of laws —• Protection of employees in the event of the 
insolvency of their employer — Directive 80/987 — Employment relationship — 
Definition 
(Council Directive 80/987, Arts 3 and 4) 
1. The onset of an employer's insolvency, 
within the meaning of Articles 3(2) and 
4(2) of Directive 80/987 on the 
approximation of the laws of the 
Member States relating to the protec­
tion of employees in the event of the 
insolvency of their employer is a con­
cept of Community law which calls for 
a uniform interpretation in all Member 
States. 
Those articles must be interpreted as 
precluding a provision of national law 
which defines the date of the onset of 
the employer's insolvency as the date of 
the decision ruling on the request for 
opening of the insolvency procedure 
and not the date on which that request 
was lodged. 
(see paras 30, 48, operative part 1) 
2. The expression 'employment relation­
ship' within the meaning of Articles 3 
and 4 of Directive 80/987 on the 
approximation of the laws of the 
Member States relating to the protec­
tion of employees in the event of the 
insolvency of their employer, being a 
necessary factor in determining the 
minimum guarantee period under 
Community law for the payment of 
outstanding claims, requires a uniform 
interpretation under Community law 
and must be interpreted as excluding 
periods which, by their very nature, 
cannot give rise to outstanding salary 
claims. A period during which the 
employment relationship is suspended 
on account of child raising leave and, 
for that reason, confers no right to 
remuneration, is therefore excluded. 
(see paras 41, 44, operative part 2) 
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