CELEX: C2006/060/31
Language: en
Date: 2006-03-11 00:00:00
Title: Order of the Court (Fourth Chamber) of  13 December 2005  in Case C-177/05: Reference for a preliminary ruling from the Juzgado de lo Social Único de Algeciras in María Cristina Guerrero Pecino v Fondo de Garantía Salarial (Fogasa) (Reference for a preliminary ruling — First subparagraph of Article 104(3) of the Rules of Procedure — Social policy — Protection of workers in the event of the insolvency of their employer — Directive 80/987/EEC (amended by Directive 2002/74/EC) — Compensation agreed at the conciliation — Payment guaranteed by the guarantee institution — Payment subject to the adoption of a judicial decision)

11.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 60/15
            
         
      ORDER OF THE COURT
   
   (Fourth Chamber)
   of 13 December 2005
   in Case C-177/05: Reference for a preliminary ruling from the Juzgado de lo Social Único de Algeciras in María Cristina Guerrero Pecino v Fondo de Garantía Salarial (Fogasa) (1)
   
   (Reference for a preliminary ruling - First subparagraph of Article 104(3) of the Rules of Procedure - Social policy - Protection of workers in the event of the insolvency of their employer - Directive 80/987/EEC (amended by Directive 2002/74/EC) - Compensation agreed at the conciliation - Payment guaranteed by the guarantee institution - Payment subject to the adoption of a judicial decision)
   (2006/C 60/31)
   Language of the case: Spanish
   In Case C-177/05: reference for a preliminary ruling under Article 234 EC from the Juzgado de lo Social Único de Algeciras (Spain), made by decision of 30 March 2005, received at the Court on 20 April 2005, in the proceedings between María Cristina Guerrero Pecino and Fondo de Garantía Salarial (Fogasa) — the Court (Fourth Chamber), composed of K. Schiemann, President of the Chamber, N. Colneric (Rapporteur), and E. Juhász, Judges; A. Tizzano, Advocate General; R. Grass, Registrar, made an order on 13 December 2005, the operative part of which is as follows:
   Where, according to the relevant national legislation, compensation for unfair dismissal awarded by a judgment or administrative decision must be regarded, under national law, as severance pay on termination of employment relationships which falls within Article 3(1) of Council Directive 80/987/EEC of 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, as amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002, compensation of the same type, determined by a judicial conciliation procedure such as that at issue in the main proceedings, must also be regarded as severance pay within the meaning of that provision. The national court must leave unapplied domestic legislation which infringes the principle of equality by excluding that compensation from the notion of ‘severance pay’ within the meaning of that legislation.
   
      (1)  OJ C 155 of 25.06.2005.