Judgment of the Court (Sixth Chamber) of 12 December 2002 in Case C-442/00 (Reference for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La-Mancha): Ángel Rodríguez Caballero v Fondo de Garantía Salarial (Fogasa), (Social policy — Protection of employees in the event of the insolvency of their employer — Directive 80/987/EEC — Scope — "Claims" — "Pay" — "Salarios de tramitación" — Payment guaranteed by the guarantee institution — Payment subject to the adoption of a judicial decision)
Date: 2003-01-25
Institutions: Court of Justice
Subjects: dismissal, financial solvency, interpretation of the law, jurisdiction, labour law, pay

25.1.2003

EN

Official Journal of the European Communities

C 19/5

JUDGMENT OF THE COURT

(Sixth Chamber)

of 12 December 2002

conciliation procedure supervised and approved by a court; it
must apply to members of the group disadvantaged by that
discrimination the arrangements in force in respect of employees
whose claims of the same type come, according to the national
definition of ‘pay’, within the scope of that directive.

(1) OJ C 28 of 27.1.2001.

in Case C-442/00 (Reference for a preliminary ruling from
the Tribunal Superior de Justicia de Castilla-La-Mancha):
Ángel Rodríguez Caballero v Fondo de Garantía Salarial
(Fogasa), (1)

(Social policy — Protection of employees in the event of the
insolvency of their employer — Directive 80/987/EEC —
Scope — ‘Claims’ — ‘Pay’ — ‘Salarios de tramitación’ —
Payment guaranteed by the guarantee institution — Pay-
ment subject to the adoption of a judicial decision)

(2003/C 19/08)

(Language of the case: Spanish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-442/00: Reference to the Court under Article 234
EC by the Tribunal Superior de Justicia de Castilla-La-Mancha
(Spain) for a preliminary ruling in the proceedings pending
before that court between Ángel Rodríguez Caballero and
Fondo de Garantía Salarial (Fogasa), on the interpretation of
Article 1 of Council Directive 80/987/EEC of 20 October
1980 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 (OJ 1980 L 283, p. 23), the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of the
Chamber, C. Gulmann, V. Skouris, F. Macken and N. Colneric
(Rapporteur),
Judges; L.A. Geelhoed, Advocate General;
R. Grass, Registrar, has given a judgment on 12 December
2002, in which it:

1.

Claims in respect of ‘salarios de tramitación’ must be regarded
as employees’ claims arising from contracts of employment or
employment relationships and relating to pay, within the
meaning of Articles 1(1) and 3(1) of Council Directive 80/
987/EEC of 20 October 1980 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,
irrespective of the procedure under which they are determined,
if, according to the national legislation concerned, such claims,
when recognised by judicial decision, give rise to liability on the
part of the guarantee institution and if a difference in treatment
of identical claims acknowledged in a conciliation procedure is
not objectively justified.

2.

The national court must set aside national legislation which, in
breach of the principle of equality, excludes from the concept of
‘pay’ within the meaning of Article 2(2) of Directive 80/987
‘salarios de tramitación’ agreed in a
claims in respect of

JUDGMENT OF THE COURT

(Sixth Chamber)

of 12 December 2002

in Case C-456/00: French Republic v Commission of the
European Communities (1)

(Action for annulment — State aid — Common organisation
of the markets — Wine — Measures for adapting vineyards
in Charentes)

(2003/C 19/09)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-456/00, French Republic (Agents: G. de Bergues and
L. Bernheim) v Commission of the European Communities
(Agent: A. Alves Vieira and D. Triantafyllou): Application for
annulment of Commission Decision 2001/52/EC of 20 Sep-
tember 2000 on the State aid implemented by France in the
wine-growing sector (OJ 2001 L 17, p. 30), the Court (Sixth
Chamber), composed of: R. Schintgen, President of the Second
Chamber, acting for the President of the Sixth Chamber,
V. Skouris, F. Macken, N. Colneric and J.N. Cunha Rodrigues
(Rapporteur), Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given a judgment on 12 December 2002, in
which it:

1. Dismisses the action;

2. Orders the French Republic to pay the costs.

(1) OJ C 45 of 10.2.2001.