CELEX: C1996/031/01
Language: en
Date: 1996-02-03 00:00:00
Title: JUDGMENT OF THE COURT of 9 November 1995 in Case C-479/93 (reference for a preliminary ruling from the Pretura Circondariale di Vicenza): Andrea Francovich v. Repubblica Italiana (Social policy - Protection of employees in the event of the insolvency of their employer - Directive 80/987/EEC - Scope - Employees whose employer is not subject to procedures to satisfy collectively the claims of creditors)

3 . 2 . 96             EN |              Official Journal of the European Communities                                       No C 31 / 1
                                                                 I
                                                          (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
               JUDGMENT OF THE COURT                                      applying to all employees, other than those in the
                      of 9 November 1995                                  categories listed in the Annex thereto, whose employers
                                                                          may, under the applicable national law, be made subject
in Case C-479/93 (reference for a preliminary ruling from                 to proceedings involving their assets in order to satisfy
the Pretura Circondariale di Vicenza): Andrea Francovich v.
                                                                          collectively the claims of creditors.
                     Repubblica Italiana (')
(Social policy — Protection ofemployees in the event of the
                                                                    2 . Consideration of the said Directive, to the extent that it
insolvency of their employer — Directive 80/987/EEC —
Scope — Employees whose employer is not subject to                        protects only employees whose employers are subject to
 procedures to satisfy collectively the claims of creditors)              proceedings involving their assets in order to satisfy
                                                                          collectively the claims of creditors, has disclosed no
                          ( 96/C 31/01 )                                  factor ofsuch a kind as to affect its validity in the light of
                                                                          the principle of equal treatment.
                (Language of the case: Italian)
                                                                    ( 1 ) OJ No C 43 , 12 . 2 . 1994 .
(Provisional translation; the definitive translation will be
          published in the European Court Reports)
In Case C-479/93 : reference to the Court under Article 177
of the EC Treaty from the Pretura Circondariale di Vicenza                          JUDGMENT OF THE COURT
(District Magistrate's Court, Vicenza ), Italy, for a                                     of 14 November 1995
preliminary ruling in the proceedings pending before that
court between Andrea Francovich and Repubblica Italiana             in Case C-484/93 (reference for a preliminary ruling by the
— on the interpretation and vilidity of Article 2 of Council        Luxembourg Conseil d'Etat): Peter Svensson, Lena
Directive    80/987/EEC of 20        October   1980 on the             Svensson v. Ministre du Logement et de l'Urbanisme O
approximation of the laws of the Member States relating to          (Free movement ofcapital — Freedom to provide services —
the protection of employees in the event of the insolvency of       Interest rate subsidy on building loans — Loan by a credit
their employer ( OJ 1980 No L 283 , p. 23 ) — the Court,            institution not approved in the Member State granting the
composed of G. C. Rodriguez Iglesias, President, C. N.                                              subsidy)
Kakouris, J.-P. Puissochet and G. Hirsch (Presidents of                                          ( 96/C 31 /02 )
Chambers ), G. F. Mancini, F. A. Schockweiler, J. C.
Moitinho de Almeida, P. J. G. Kapteyn, C. Gulmann
( Rapporteur), P. Jann and H. Ragnemalm, Judges;                                     (Language of the case: French)
G. Cosmas, Advocate General; D. Louterman-Hubeau,
Principal Administrator, for the Registrar, gave a judgment          (Provisional translation; the definitive translation will be
on 9 November 1995 , the operative part of which is as                         published in the European Court Reports)
follows :
                                                                    In Case C-484/93 : reference to the Court under Article 177
 1 . Council Directive 80/987/EEC of 20 October 1980 on             of the EC Treaty by the Luxembourg Conseil d'Etat for a
     the approximation of the laws of the Member States             preliminary ruling in the proceedings pending before that
     relating to the protection ofemployees in the event ofthe      court between Peter Svensson, Lena Gustavsson and the
     insolvency of their employer must be interpreted as            Ministre du Logement et de l'Urbanisme — on the