Order of the Court (Tenth Chamber) of 10 April 2014 — Macedo Maia and Others

(Case C‑511/12)

‛Article 99 of the Rules of Procedure of the Court of Justice — Request for a preliminary ruling — Directive 80/987/EEC — Directive 2002/74/EC — Protection of employees in the event of the insolvency of their employer — Guarantee institutions — Limitation on the payment obligation of the guarantee institution — Salary claims falling due more than six months before the commencement of legal proceedings seeking a declaration of the employer’s insolvency’

Social policy — Approximation of laws — Protection of employees in the event of the insolvency of their employer — Directive 80/987 — Limitation on the payment obligation of the guarantee institution — National legislation which does not guarantee salary claims falling due more than six months before the commencement of legal proceedings seeking a declaration of the employer’s insolvency — Lawfulness (Council Directive 80/987, as amended by Directive 2002/74) (see paras 20-27, operative part)

Re:

Request for a preliminary ruling — Tribunal Central Administrativo — Interpretation of Articles 4 and 10 of Council Directive 80/987/EEC of 20 October 1980 relating to the protection of employees in the event of the insolvency of their employer (JO 1980 L 283, p. 23) — Limitation on the payment obligation of the guarantee institution — National legislation which does not guarantee salary claims falling due more than six months before the commencement of legal proceedings seeking a declaration of the employer’s insolvency — Application of that limitation where an action is brought before the labour courts seeking a determination of the value of the unpaid claims during the six months following the date on which payment thereof fell due.

Operative part:

Council Directive 80/987/EEC of 20 October 1980 relating to the protection of employees in the event of the insolvency of their employer, as amended by Directive 2002/74/EC of the European Parliament and the Council of 23 September 2002, must be interpreted as not precluding national legislation which does not guarantee salary claims falling due more than six months preceding the initiation of insolvency proceedings against the employer, even though the employees brought, before the beginning of that period, legal proceedings against their employer with a view to obtaining a judicial determination of the amount outstanding and an enforcement order to recover those sums.

Order of the Court (Tenth Chamber) of 10 April 2014 — Macedo Maia and Others

(Case C‑511/12)

‛Article 99 of the Rules of Procedure of the Court of Justice — Request for a preliminary ruling — Directive 80/987/EEC — Directive 2002/74/EC — Protection of employees in the event of the insolvency of their employer — Guarantee institutions — Limitation on the payment obligation of the guarantee institution — Salary claims falling due more than six months before the commencement of legal proceedings seeking a declaration of the employer’s insolvency’

Social policy — Approximation of laws — Protection of employees in the event of the insolvency of their employer — Directive 80/987 — Limitation on the payment obligation of the guarantee institution — National legislation which does not guarantee salary claims falling due more than six months before the commencement of legal proceedings seeking a declaration of the employer’s insolvency — Lawfulness (Council Directive 80/987, as amended by Directive 2002/74) (see paras 20-27, operative part)

Re:

Request for a preliminary ruling — Tribunal Central Administrativo — Interpretation of Articles 4 and 10 of Council Directive 80/987/EEC of 20 October 1980 relating to the protection of employees in the event of the insolvency of their employer (JO 1980 L 283, p. 23) — Limitation on the payment obligation of the guarantee institution — National legislation which does not guarantee salary claims falling due more than six months before the commencement of legal proceedings seeking a declaration of the employer’s insolvency — Application of that limitation where an action is brought before the labour courts seeking a determination of the value of the unpaid claims during the six months following the date on which payment thereof fell due.

Operative part:

Council Directive 80/987/EEC of 20 October 1980 relating to the protection of employees in the event of the insolvency of their employer, as amended by Directive 2002/74/EC of the European Parliament and the Council of 23 September 2002, must be interpreted as not precluding national legislation which does not guarantee salary claims falling due more than six months preceding the initiation of insolvency proceedings against the employer, even though the employees brought, before the beginning of that period, legal proceedings against their employer with a view to obtaining a judicial determination of the amount outstanding and an enforcement order to recover those sums.