Judgment — ECLI:EU:C:2008:109
Date: 2008-02-21
Language of the case: Spanish
Court formation: Fourth 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: Spain

Summary of the Judgment Social policy – Approximation of laws – Protection of workers in the event of insolvency of the employer – Directive 80/987 (Council Directive 80/987, as amended by Directive 2002/74, Art. 3, first para., and 10(a)) The first paragraph of Article 3 of Directive 80/987, relating to the protection of employees in the event of the insolvency of their employer, as amended by Directive 2002/74, is to be interpreted as meaning that a Member State has the power to exclude compensation granted for unfair dismissal from the payment guarantee of the guarantee institutions pursuant to that provision where they have been recognised by an extra‑judicial conciliation settlement and such exclusion, objectively justified, constitutes a measure necessary to avoid abuses within the meaning of Article 10(a) of that directive. (see para. 44, operative part)