CELEX: E1997P0009
Language: en
Date: 1997-11-18 00:00:00
Title: Request for an advisory opinion from the EFTA Court by Hérasdómur Reykjavíkur (Reykjavík City Court) by decision of that court of 12 November 1997 in the case of Erla María Sveinbjörnsdóttir v. Government of Iceland (Case E-9/97)

Avis juridique important

|

E1997P0009

Request for an advisory opinion from the EFTA Court by Hérasdómur Reykjavíkur (Reykjavík City Court) by decision of that court of 12 November 1997 in the case of Erla María Sveinbjörnsdóttir v. Government of Iceland (Case E-9/97)  

Official Journal C 084 , 19/03/1998 P. 0013 - 0013

Request for an advisory opinion from the EFTA Court by Héra ssdómur Reykjavíkur (Reykjavík City Court) by decision of that court of 12 November 1997 in the case of Erla María Sveinbjörnsdóttir v. Government of Iceland (Case E-9/97) (98/C 84/05)A request has been made to the EFTA Court by decision of 12 November 1997 of Héra ssdómur Reykjavíkur (Reykjavík City Court), Iceland, which was received at the Court Registry on 18 November 1997, for an Advisory Opinion in the case of Erla María Sveinbjörnsdóttir v. Government of Iceland, on the following questions:1. Is the act referred to in point 24 of Annex XVIII to the EEA Agreement (Council Directive 80/987/EEC of 20 October 1980, as amended by Council Directive 87/164/EEC of 2 March 1987), in particular Article 1(2) and Article 10 of the Directive, to be interpreted to mean that national legislation may provide that an employee may be precluded from receiving payment of a wage claim against an insolvency estate from the State's Wage Guarantee Fund on grounds of family relation to an owner of 40 % of the shares in the insolvent company? The relevant relation in the case at hand is collateral, i.e. siblings?2. If the answer to question 1 is to the effect that such an employee may not be precluded from receiving payment of a wage claim, is the State liable vis-à-vis the employee for not having adapted national legislation when it became party to the EEA Agreement, so that the employee has a legal right to the payment of the wage