CELEX: C1997/295/02
Language: en
Date: 1997-09-27 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 10 July 1997 in Case C-373/95 (reference for a preliminary ruling from the Pretura Circondariale, Venice): Federica Maso and Others, Graziano Gazzetta and Others v. Istituto Nazionale della Previdenza Sociale (INPS), Italian Republic (Social policy - Protection of employees in the event of the insolvency of their employer - Directive 80/987/EEC - Liability of the guarantee institutions limited - Liability of a Member State arising from belated transposition of a directive - Adequate reparation)

C 295/2               I EN 1                 Official Journal of the European Communities                                      27. 9 . 97
                JUDGMENT OF THE COURT                                        of the fact that they were unable to benefit at the
                          (Fifth Chamber)                                    appropriate time from the financial advantages
                                                                             guaranteed by the Directive with the result that such
                          of 10 July 1997                                    loss must also be made good.
in Case C-373/95 (reference for a preliminary ruling from
the Pretura Circondariale, Venice): Federica Maso and                   2 . The 'onset of the employer's insolvency ', referred to in
Others, Graziano Gazzetta and Others v. Istituto                             Articles 3 (2) and 4 (2) of Directive 80/987/EEC,
Nazionale della Previdenza Sociale (INPS ), Italian                          corresponds to the date of the request that proceedings
                              Republic ( 1 )                                 to satisfy collectively the claims of creditors be
                                                                             opened, since the guarantee cannot be provided prior
(Social policy — Protection of employees in the event of                     to a decision to open such proceedings or to a finding
the insolvency of their employer — Directive 80/987/EEC                      that the business has been definitively closed down
— Liability of the guarantee institutions limited —                          where the assets are insufficient.
Liability of a Member State arising from belated
     transposition of a directive — Adequate reparation)
                                                                        3 . Articles 4 (3) and 10 of Directive 80/987 must be
                            ( 97/C 295/02 )
                                                                             interpreted as meaning that a Member State may not
                                                                             prohibit the aggregation of amounts guaranteed by the
                                                                             Directive with an allowance such as the indennita di
                  (Language of the case: Italian)
                                                                             mobilita (job-seeker's allowance), provided for in
                                                                             Articles 4 and 16 of Law No 223 of 23 July 1991 ,
                                                                             which is aimed at meeting the needs of an employee
   (Provisional translation; the definitive translation will be              who has been dismissed during the three months
           published in the European Court Reports)                          following termination of the employment relationship.
In Case C-3 73/95 : reference to the Court under Article 177            4 . The phrase 'the last three months of the contract of
of the EC Treaty from the Pretura Circondariale ( District                   employment or employment relationship ' used in
Magistrate's Court), Venice ( Italy), for a preliminary                      Article 4 (2) of Directive 80/987/EEC must be
ruling in the proceedings pending before that court                          interpreted as meaning three rolling months.
between Federica Maso and Others, Graziano Gazzetta
and Others and Istituto Nazionale della Previdenza Sociale              (') OJ C 16 , 20 . 1 . 1996 .
( INPS ), Italian Republic — on the interpretation of
Articles 2, 3 ( 2 ), 4 (2 ) and ( 3 ) and 10 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 L 283 , 20 . 10 . 1980, p. 23 ) and of the
principle of State liability for loss or damage caused to                              JUDGMENT OF THE COURT
individuals by a breach of Community law attributable to                                          ( Sixth Chamber)
the State — the Court ( Fifth Chamber ), composed of: J. C.
Moitinho de Almeida, President of the Chamber, L. Sevon,                                           of 17 July 1997
D. A. O. Edward, P. Jann and M. Wathelet (Rapporteur),                  in Case C-90/94 (reference for a preliminary ruling from
Judges; G. Cosmas, Advocate-General; L. Hewlett,                        the Østre Landsret ): Haahr Petroleum Ltd v. Åbenrå
Administrator, for the Registrar, has given a judgment on               Havn, Ålborg Havn, Horsens Havn, Kastrup Havn NKE
 10 July 1997, in which it has ruled :                                  A/S, Næstved Havn, Odense Havn, Struer Havn, Vejle
                                                                                 Havn, also represented: Trafikministeriet (')
 1 . In making good the loss or damage sustained by                       (Maritime transport — Goods duty — Import surcharge)
      employees as a result of the belated transposition of                                           ( 97/C 295/03 )
      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                            (Language of the case: Danish)
      the insolvency of their employer, a Member State is
      entitled to apply retroactively to such employees
      belatedly adopted implementing measures, including                   (Provisional translation; the definitive translation will be
      rules against aggregation or other limitations on the                       published in the European Court Reports)
      liability of the guarantee institution, provided that the
      Directive has been properly transposed. However, it is
      for the national court to ensure that reparation of the           In Case C-90/94 : reference to the Court under Article 177
      loss or damage sustained by the beneficiaries is                  of the EC Treaty from the 0stre Landsret ( Denmark ) for a
      adequate. Retroactive and proper application in full of           preliminary ruling in the proceedings pending before that
      the measures implementing the Directive will suffice              court between Haahr Petroleum Ltd and Abenra Havn,
      for that purpose unless the beneficiaries establish the           Alborg Havn, Horsens Havn, Kastrup Havn NKE A/S,
      existence of complementary loss sustained on account              Nasstved Havn, Odense Havn, Struer Havn, Vejle Havn,