Judgment — ECLI:EU:C:1997:415
Date: 1997-09-17
Language of the case: Danish
Court formation: Fifth 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
Procedure: Reference for a preliminary ruling
Origin: Denmark

Summary of the Judgmen t 
Social policy — Approximation of Uws — Protection of employees in the event of the insolvency 
of their employer — Directive 80/987 — Responsible guarantee institution — Employee residing 
and having been employed in a Member State other than that in which the employer is estab­
lished — Responsibility of the institution of the Member State in which either it is decided to 
open the proceedings for the collective satisfaction of creditors' cUims or it has been established 
that the employer's undertaking or business has been closed down 
(Council Directive 80/987, Arts 2(1) and 3) 
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SUMMARY — CASE C-I 17/96 
Where the employer is established in a Mem­
ber State other than that in which the 
employee resides and was employed, the 
guarantee institution responsible, under 
Article 3 of Directive 80/987 on the approxi­
mation of the laws of the Member States 
relating to the protection of employees in the 
event of the insolvency of their employer, for 
the payment of that employee's claims in the 
event of the employer's insolvency is the 
institution of the State in which, in accord­
ance with Article 2(1) of the directive, either 
it is decided to open the proceedings for the 
collective satisfaction of creditors' claims or 
it has been established that the employer's 
undertaking or business has been closed 
down. 
I -5018