CELEX: C1997/295/01
Language: en
Date: 1997-09-27 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 10 July 1997 in Joined Cases C-94/95 and C-95/95 (references for a preliminary ruling from the Pretura Circondariale, Bassano del Grappa): Danila Bonifaci and Others, Wanda Berto and Others v. Istituto Nazionale della Previdenza Sociale (INPS) (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)

27. 9 . 97            EN                    Official Journal of the European Communities                                  C 295/ 1
                                                                    I
                                                             (Information)
                                                COURT OF JUSTICE
                                                          COURT OF JUSTICE
                JUDGMENT OF THE COURT                                  the approximation of the laws of the Member States
                                                                       relating to the protection of employees in the event of the
                        (Fifth Chamber)
                                                                       insolvency of their employer ( OJ L 283 , 20. 10. 1983 ,
                         of 10 July 1997                               p. 23 ) and on the interpretation of the principle of State
                                                                       liability for loss or damage caused to individuals by a
in Joined Cases C-94/95 and C-95/95 (references for a                  breach of Community law attributable to the State — the
preliminary ruling from the Pretura Circondariale,                     Court ( Fifth Chamber ), composed of: J. C. Moitinho de
Bassano del Grappa ): Danila Bonifaci and Others, Wanda                Almeida, President of the Chamber, L. Sevón, D. A. O.
Berto and Others v. Istituto Nazionale della Previdenza                Edward, P. Jann and M. Wathelet ( Rapporteur ), Judges;
                        Sociale (INPS ) (')                            G. Cosmas, Advocate-General; L. Hewlett, Administrator,
                                                                       for the Registrar, has given a judgment on 10 July 1997,
(Social policy — Protection of employees in the event of               in which it has ruled:
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)              Retroactive application in full of the measures
                                                                       implementing Council Directive 80/987/EEC of
                          { 97/C 295/01 )                              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 enables the
                 (Language of the case: Italian)                       harmful consequences of the belated transposition of that
                                                                       Directive to be remedied, provided that the Directive has
                                                                       been properly transposed. However, it is for the national
                                                                       court to ensure that reparation of the loss or damage
   (Provisional translation; the definitive translation will be        sustained by the beneficiaries is adequate. Retroactive and
           published in the European Court Reports)                    proper application in full of the measures implementing
                                                                       the Directive will suffice for that purpose unless the
                                                                       beneficiaries establish the existence of complementary loss
                                                                       sustained on account of the fact that they were unable to
In Joined Cases C-94/95 and C-95/95 : references to the                benefit at the appropriate time from the financial
Court under Article 177 of the EC Treaty from the                      advantages guaranted by the Directive with the result that
Pretura Circondariale ( District Magistrate's Court),                  such loss must also be made good.
Bassano del Grappa ( Italy), for a preliminary ruling in the
proceedings pending before that court between Danila
Bonifaci and Others ( C-94/95 ), Wanda Berto and Others                (') OJ C 159, 24 . 6 . 1995 .
( C-95/95 ) and Istituto Nazionale della Previdenza Sociale
( INPS ) — on the interpretation and validity of Article 4 (2 )
of Council Directive 80/987/EEC of 20 October 1980 on