Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/18/2013

Subject: The Court affirmed that Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer must be interpreted as not requiring the Member States to provide guarantees for employees’ claims at every stage of the insolvency proceedings of their employer. In particular, it does not preclude Member States from providing a guarantee only for employees’ claims arising before the entry of the decision to open insolvency proceedings in the register of companies, even though that decision does not order the termination of the employer’s activities.

Parties: Meliha Veli Mustafa

Classification: Solidarity - Art. 27 Worker’s rights: information - Worker’s rights: consultation - Art. 28 Rights of workers, employers and their organisations: organisation - Rights of workers, employers and their organisations: negotiations - Rights of workers, employers and their organisations: collective agreements - Rights of workers, employers and their organisations: collective actions - Rights of workers, employers and their organisations: strike

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