Case C-247/12: Judgment of the Court (Fifth Chamber) of 18 April 2013 (request for a preliminary ruling from the Varhoven administrativen sad — Bulgaria) — Meliha Veli Mustafa v Direktor na fond ‘Garantirani vzemania na rabotnitsite i sluzhitelite’ kam Natsionalnia osiguritelen institut (Protection of employees in the event of insolvency of their employer — Directive 80/987/EEC — Directive 2002/74/EC — Directive 2008/94/EC — Articles 2 and 3 — Obligation to provide a guarantee for employees’ claims — Possibility of limiting the guarantee to claims arising before the entry of the decision to open the insolvency proceedings in the register of companies — Decision to open the insolvency proceedings — Effects — Continuation of the employer’s activity)
Date: 2013-04-18
Institutions: Court of Justice
Subjects: cessation of trading, credit guarantee, financial solvency, interpretation of the law, judicial proceedings, registration of a company, wage earner








C_2013164EN.01000701.xml










8.6.2013   


EN


Official Journal of the European Union


C 164/7





Judgment of the Court (Fifth Chamber) of 18 April 2013 (request for a preliminary ruling from the Varhoven administrativen sad — Bulgaria) — Meliha Veli Mustafa v Direktor na fond ‘Garantirani vzemania na rabotnitsite i sluzhitelite’ kam Natsionalnia osiguritelen institut
(Case C-247/12) (1)

(Protection of employees in the event of insolvency of their employer - Directive 80/987/EEC - Directive 2002/74/EC - Directive 2008/94/EC - Articles 2 and 3 - Obligation to provide a guarantee for employees’ claims - Possibility of limiting the guarantee to claims arising before the entry of the decision to open the insolvency proceedings in the register of companies - Decision to open the insolvency proceedings - Effects - Continuation of the employer’s activity)
2013/C 164/11
Language of the case: Bulgarian

Referring court

Varhoven administrativen sad

Parties to the main proceedings


Applicant: Meliha Veli Mustafa

Defendant: Direktor na fond ‘Garantirani vzemania na rabotnitsite i sluzhitelite’ kam Natsionalnia osiguritelen institut

Re:

Request for a preliminary ruling — Varhoven administrativen sad — Interpretation of Article 2(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), as amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 80/987/EEC (OJ 2002 L 270, p. 10) — Obligation on the Member States to provide for guarantees not only for employees’ salary claims existing at the time of the opening of the insolvency proceedings of the employer but also for claims that may arise at each stage of the insolvency proceedings

Operative part of the judgment

Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer must be interpreted as not requiring the Member States to provide guarantees for employees’ claims at every stage of the insolvency proceedings of their employer. In particular, it does not preclude Member States from providing a guarantee only for employees’ claims arising before the entry of the decision to open insolvency proceedings in the register of companies, even though that decision does not order the termination of the employer’s activities.


(1)  OJ C 235, 4.8.2012.