Opinion of the Advocate General — ECLI:EU:C:2008:314
Date: 2008-06-03
Language of the case: Swedish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Sweden

Summary of the Judgment Social policy – Approximation of laws – Protection of employees in the event of the insolvency of their employer – Directive 80/987 (Council Directive 80/987, as amended by European Parliament and Council Directive 2002/74, Art. 8a) Article 8a 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 insolvency of their employer, as amended by Directive 2002/74, must be interpreted as meaning that, in order for an undertaking established in a Member State to be regarded as having activities in the territory of another Member State, that undertaking does not need to have a branch or fixed establishment in that other State. The undertaking must, however, have a stable economic presence in the latter State, featuring human resources which enable it to perform activities there. In the case of a transport undertaking established in a Member State, the mere fact that a worker employed by it in that State delivers goods between that State and another Member State cannot demonstrate that the undertaking has a stable economic presence in another Member State. (see para. 36, operative part)