CELEX: 62017CA0017
Language: en
Date: 2018-09-06 00:00:00
Title: Case C-17/17: Judgment of the Court (Fourth Chamber) of 6 September 2018 (request for a preliminary ruling from the Court of Appeal — United Kingdom) — Grenville Hampshire v The Board of the Pension Protection Fund (Reference for a preliminary ruling — Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Article 8 — Supplementary pension schemes — Protection of entitlement to old-age benefits — Minimum level of protection guaranteed)

5.11.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 399/6
            
         
      Judgment of the Court (Fourth Chamber) of 6 September 2018 (request for a preliminary ruling from the Court of Appeal — United Kingdom) — Grenville Hampshire v The Board of the Pension Protection Fund
      (Case C-17/17) (1)
      
      ((Reference for a preliminary ruling - Protection of employees in the event of the insolvency of their employer - Directive 2008/94/EC - Article 8 - Supplementary pension schemes - Protection of entitlement to old-age benefits - Minimum level of protection guaranteed))
      (2018/C 399/07)
      Language of the case: English
      
         Referring court
      
      Court of Appeal
      
         Parties to the main proceedings
      
      
         Appellant: Grenville Hampshire
      
         Respondent: The Board of the Pension Protection Fund
      
         Interested party: Secretary of State for Work and Pensions
      
         Operative part of the judgment
      
      
                  1.
               
               
                  Article 8 of 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 meaning that every individual employee must receive old-age benefits corresponding to at least 50 % of the value of his accrued entitlement under a supplementary occupational pension scheme in the event of his employer’s insolvency.
               
            
                  2.
               
               
                  In circumstances such as those in the main proceedings, Article 8 of Directive 2008/94 has direct effect and may, therefore, be invoked before a national court by an individual employee in order to challenge a decision of a body such as the Board of the Pension Protection Fund.
               
            
         (1)  OJ C 78, 13.3.2017.