CELEX: 62016CA0243
Language: en
Date: 2017-12-14 00:00:00
Title: Case C-243/16: Judgment of the Court (Fourth Chamber) of 14 December 2017 (request for a preliminary ruling from the Juzgado de lo Social n.° 30 de Barcelona — Spain) — Antonio Miravitlles Ciurana and Others v Contimark SA, Jordi Socías Gispert (Reference for a preliminary ruling — Company law — Directive 2009/101/EC — Articles 2 and 6 to 8 — Directive 2012/30/EU — Articles 19 and 36 — Charter of Fundamental Rights of the European Union — Articles 20, 21 and 51 — Recovery of claims arising under an employment contract — Right to bring, before the same court, an action against the company and its director, as a person having joint and several liability for the company’s debts)

12.2.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 52/6
            
         Judgment of the Court (Fourth Chamber) of 14 December 2017 (request for a preliminary ruling from the Juzgado de lo Social n.o 30 de Barcelona — Spain) — Antonio Miravitlles Ciurana and Others v Contimark SA, Jordi Socías Gispert
   (Case C-243/16) (1)
   
   ((Reference for a preliminary ruling - Company law - Directive 2009/101/EC - Articles 2 and 6 to 8 - Directive 2012/30/EU - Articles 19 and 36 - Charter of Fundamental Rights of the European Union - Articles 20, 21 and 51 - Recovery of claims arising under an employment contract - Right to bring, before the same court, an action against the company and its director, as a person having joint and several liability for the company’s debts))
   (2018/C 052/07)
   Language of the case: Spanish
   
      Referring court
   
   Juzgado de lo Social n.o 30 de Barcelona
   
      Parties to the main proceedings
   
   
      Applicants: Antonio Miravitlles Ciurana, Alberto Marina Lorente, Jorge Benito García, Juan Gregorio Benito García
   
      Defendants: Contimark SA, Jordi Socías Gispert
   
      Operative part of the judgment
   
   Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 [EC], with a view to making such safeguards equivalent, in particular Articles 2 and 6 to 8 thereof, and Directive 2012/30/EU of the European Parliament and of the Council of 25 October 2012 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 54 [TFEU], in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent, in particular Articles 19 and 36 thereof, must be interpreted as not conferring on employees, who are creditors of a public limited liability company as a result of the termination of their employment contract, a right to bring, before the same social court as that having jurisdiction over their action for recognition of their wage claims, an action to establish the liability of the director of that company, on the ground that he has failed to convene a general meeting of the company despite the heavy losses sustained by it, with a view to obtaining a declaration that he is jointly and severally liable for those wage claims.
   
      (1)  OJ C 279, 1.8.2016.