CELEX: C2003/019/08
Language: en
Date: 2003-01-25 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 12 December 2002 in Case C-442/00 (Reference for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La-Mancha): Ángel Rodríguez Caballero v Fondo de Garantía Salarial (Fogasa), (Social policy — Protection of employees in the event of the insolvency of their employer — Directive 80/987/EEC — Scope — "Claims" — "Pay" — "Salarios de tramitación" — Payment guaranteed by the guarantee institution — Payment subject to the adoption of a judicial decision)

25.1.2003                EN                      Official Journal of the European Communities                                              C 19/5
                  JUDGMENT OF THE COURT                                           conciliation procedure supervised and approved by a court; it
                                                                                  must apply to members of the group disadvantaged by that
                                                                                  discrimination the arrangements in force in respect of employees
                           (Sixth Chamber)                                        whose claims of the same type come, according to the national
                                                                                  definition of ‘pay’, within the scope of that directive.
                       of 12 December 2002
                                                                            (1 ) OJ C 28 of 27.1.2001.
in Case C-442/00 (Reference for a preliminary ruling from
the Tribunal Superior de Justicia de Castilla-La-Mancha):
Ángel Rodríguez Caballero v Fondo de Garantía Salarial
                               (Fogasa), (1)
(Social policy — Protection of employees in the event of the
insolvency of their employer — Directive 80/987/EEC —
Scope — ‘Claims’ — ‘Pay’ — ‘Salarios de tramitación’ —                                        JUDGMENT OF THE COURT
Payment guaranteed by the guarantee institution — Pay-
      ment subject to the adoption of a judicial decision)
                                                                                                       (Sixth Chamber)
                            (2003/C 19/08)
                                                                                                   of 12 December 2002
                    (Language of the case: Spanish)
                                                                            in Case C-456/00: French Republic v Commission of the
                                                                                                European Communities (1)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                            (Action for annulment — State aid — Common organisation
                                                                            of the markets — Wine — Measures for adapting vineyards
                                                                                                         in Charentes)
In Case C-442/00: Reference to the Court under Article 234
EC by the Tribunal Superior de Justicia de Castilla-La-Mancha                                           (2003/C 19/09)
(Spain) for a preliminary ruling in the proceedings pending
before that court between Ángel Rodríguez Caballero and
                                                                                                 (Language of the case: French)
Fondo de Garantía Salarial (Fogasa), on the interpretation of
Article 1 of Council Directive 80/987/EEC of 20 October
1980 on the approximation of the laws of the Member States                  (Provisional translation; the definitive translation will be published
relating to the protection of employees in the event of the                                     in the European Court Reports)
insolvency of their employer (OJ 1980 L 283, p. 23), the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of the
Chamber, C. Gulmann, V. Skouris, F. Macken and N. Colneric
(Rapporteur), Judges; L.A. Geelhoed, Advocate General;
                                                                            In Case C-456/00, French Republic (Agents: G. de Bergues and
R. Grass, Registrar, has given a judgment on 12 December
                                                                            L. Bernheim) v Commission of the European Communities
2002, in which it:                                                          (Agent: A. Alves Vieira and D. Triantafyllou): Application for
                                                                            annulment of Commission Decision 2001/52/EC of 20 Sep-
1.    Claims in respect of ‘salarios de tramitación’ must be regarded       tember 2000 on the State aid implemented by France in the
      as employees’ claims arising from contracts of employment or          wine-growing sector (OJ 2001 L 17, p. 30), the Court (Sixth
      employment relationships and relating to pay, within the              Chamber), composed of: R. Schintgen, President of the Second
      meaning of Articles 1(1) and 3(1) of Council Directive 80/            Chamber, acting for the President of the Sixth Chamber,
      987/EEC of 20 October 1980 on the approximation of the                V. Skouris, F. Macken, N. Colneric and J.N. Cunha Rodrigues
      laws of the Member States relating to the protection of               (Rapporteur), Judges; A. Tizzano, Advocate General; R. Grass,
      employees in the event of the insolvency of their employer,           Registrar, has given a judgment on 12 December 2002, in
      irrespective of the procedure under which they are determined,        which it:
      if, according to the national legislation concerned, such claims,
      when recognised by judicial decision, give rise to liability on the   1.    Dismisses the action;
      part of the guarantee institution and if a difference in treatment
      of identical claims acknowledged in a conciliation procedure is
      not objectively justified.                                            2.    Orders the French Republic to pay the costs.
2.    The national court must set aside national legislation which, in
                                                                            (1 ) OJ C 45 of 10.2.2001.
      breach of the principle of equality, excludes from the concept of
      ‘pay’ within the meaning of Article 2(2) of Directive 80/987
      claims in respect of ‘salarios de tramitación’ agreed in a