Case C-278/05: Judgment of the Court (Second Chamber) of 25 January 2007 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division, United Kingdom) — Carol Marilyn Robins and Others v Secretary of State for Work and Pensions (Protection of employees in the event of the employer's insolvency — Directive 80/987/EEC — Transposition — Article 8 — Supplementary company or inter-company pension schemes — Old-age benefits — Protection of rights conferring immediate entitlement — Extent of protection — Liability of a Member State by reason of the incorrect transposition of a directive — Conditions)
Date: 2007-03-10
Institutions: Court of Justice
Subjects: United Kingdom, bankruptcy, interpretation of the law, mutual assistance scheme, public expenditure, social cost, supplementary pension

C 56/6

EN

Official Journal of the European Union

10.3.2007

inadmissible

in so far as

4. Dismisses the application of Osman Ocalan on behalf of the PKK
as
challenges Council Decision
2002/334/EC of 2 May 2002 implementing Article 2(3) of
Regulation (EC) No 2580/2001 on specific restrictive measures
directed against
certain persons and entities with a view to
combating terrorism and repealing Decision 2001/927/EC;

it

5. Declares that the application of Osman Ocalan on behalf of the
PKK is admissible in so far as it challenges Council Decision
2002/460/EC of 17 June 2002 implementing Article 2(3) of
Regulation (EC) No 2580/2001 on specific restrictive measures
directed against
certain persons and entities with a view to
combating terrorism and repealing Decision 2002/334/EC, and
refers the case back to the Court of First Instance of the European
Communities for judgment on the substance;

6. Reserves the costs of Osman Ocalan on behalf of the PKK.

(1) OJ C 86, 8.4.2006.

Re:

Interpretation of Article 8 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) — Extent of the obligation to protect rights conferring
on employees immediate or prospective entitlement to old-age
benefits

Operative part of the judgment

1) On a proper

construction of Article 8 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, where the employer
is insolvent and the assets of the supplementary company or inter-
company pension schemes are insufficient, accrued pension rights
need not necessarily be funded by the Member States themselves or
be funded in full.

2) A system of protection such as that at issue in the main proceed-

ings is incompatible with Article 8 of Directive 80/987.

Judgment of the Court (Second Chamber) of 25 January
2007 (reference for a preliminary ruling from the High
Court of Justice of England and Wales, Chancery Division,
United Kingdom) — Carol Marilyn Robins and Others v
Secretary of State for Work and Pensions

3) If Article 8 of Directive 80/987 has not been properly transposed
into domestic law, the liability of the Member State concerned is
contingent on a finding of manifest and grave disregard by that
State for the limits set on its discretion.

(Case C-278/05) (1)

(1) OJ C 243, 1.10.2005.

(Protection of employees in the event of the employer's insol-
vency — Directive 80/987/EEC — Transposition — Article 8
— Supplementary company or inter-company pension schemes
— Old-age benefits — Protection of
conferring
immediate entitlement — Extent of protection — Liability of a
Member State by reason of the incorrect transposition of a
directive — Conditions)

rights

(2007/C 56/09)

Language of the case: English

Judgment of the Court (First Chamber) of 18 January 2007
(reference for a preliminary ruling from the Wojewódzki
Sąd Administracyjny w Warszawie, Poland) — Maciej Brze-
ziński v Dyrektor Izby Celnej w Warszawie

(Case C-313/05) (1)

(Internal taxation — Taxes on motor vehicles — Excise duties
— Second-hand vehicles — Import)

Referring court

High Court of Justice of England and Wales, Chancery Division

(2007/C 56/10)

Language of the case: Polish

Parties in the main proceedings

Applicants: Carol Marilyn Robins and Others

Referring court

Defendant: Secretary of State for Work and Pensions

Wojewódzki Sąd Administracyjny w Warszawie