CELEX: E1995J0001
Language: en
Date: 1995-06-20
Title: JUDGMENT OF THE COURT of 20 June 1995 in Case E-1/95 (reference for an advisory opinion from the Varbergs tingsrätt): Samuelsson against Svenska staten (the Swedish State) (Admissibility - Council Directive 80/987/EEC - National measures to counter abuse - Proportionality)

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E1995J0001

JUDGMENT OF THE COURT of 20 June 1995 in Case E-1/95 (reference for an advisory opinion from the Varbergs tingsrätt): Samuelsson against Svenska staten (the Swedish State) (Admissibility - Council Directive 80/987/EEC - National measures to counter abuse - Proportionality)  

Official Journal C 239 , 14/09/1995 P. 0007 - 0007

JUDGMENT OF THE COURT of 20 June 1995 in Case E-1/95 (reference for an advisory opinion from the Varbergs tingsrätt): Samuelsson against Svenska staten (the Swedish State) (1) (Admissibility - Council Directive 80/987/EEC - National measures to counter abuse - Proportionality) (95/C 239/08)(Pursuant to Article 27 (5) of the Rules of Procedure authentic in English and Swedish)In Case E-1/95: reference to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Varbergs tingsrätt (Varberg District Court), Sweden, for an advisory opinion in the case pending before it between Ulf Samuelsson and Svenska staten - on the interpretation 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, as amended by Council Directive 87/164/EEC of 2 March 1987 - the Court, composed of: Bjørn Haug, President; Thór Vilhjálmsson, Kurt Herndl, Sven Norberg and Gustav Bygglin (Rapporteur), Judges; Karin Hökborg, Registrar, gave a judgment on 20 June 1995, the operative part of which is as follows:Article 10 (a) 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 must be interpreted as precluding the application, as a measure against abuse, of a provision of national law according to which an employee is not entitled to remuneration if, within two years prior to the bankruptcy decision, he was granted remuneration through the guarantee for a wage claim which arose in mainly the same activity.(1) OJ No C 142, 8. 6. 1995, p. 6.